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HomeMy WebLinkAbout2010/11/15 - ADMIN - Agenda Packets - City Council - RegularAGENDA NOVEMBER 15, 2010 6:30 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Fire Stations Project Update 7:25 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes October 18, 2010 4. Approval of Agenda 5. Reports 5a. Economic Development Authority Vendor Claims 6. Old Business 7. New Business 7a. Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District. Recommended Action: Motion to adopt Resolution requesting the City Council to call for a public hearing relative to the proposed Hardcoat Tax Increment Financing District within Redevelopment Project No. 1 (an Economic Development District). 8. Communications 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. Study Session Minutes October 11, 2010 3b. Special Study Session Minutes November 1, 2010 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Meeting of November 15, 2010 Special Study Session, Economic Development Authority and City Council Agenda Recommended Action: Motion to approve the agenda as presented and to approve items on the consent calendar. (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar.) 5. Boards and Commissions -- None 6. Public Hearings 6a. Public Hearing for Off-sale Intoxicating Liquor License – Liquor Barrel. Recommended Action: Mayor to close public hearing. Motion to approve off-sale intoxicating liquor license to MM Liquor Barrel Inc. dba Liquor Barrel located at 5111 Excelsior Blvd in St. Louis Park for the license term through March 1, 2011. 6b. Public Hearing - 2011 Liquor License Fees. Recommended Action: Mayor to close public hearing. Motion to approve Resolution adopting 2011 liquor license fees for the license term March 1, 2011 through March 1, 2012 pursuant to M.S.A. Ch. 340A and section 3-59 of the St. Louis Park City Code. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Eldridge 1st Addition – Preliminary Plat. Recommended Action: Motion to Adopt Resolution granting approval of the Preliminary Plat of Eldridge 1st Addition, with conditions. 8b. Presale Review of General Obligation Bonds for Louisiana Court – Series 2010C and the Fire Stations – Series 2010D Recommended Action: Motion to Adopt a Resolution Providing for the Sale of: • $1,755,000 General Obligation Bonds, Series 2010C and •$13,140,000 Taxable General Obligation Bonds (Build America Bonds), Series 2010D 9. Communication Immediately Following City Council Meeting CONTINUED SPECIAL STUDY SESSION – Council Chambers Discussion Items 2. Utility Rates – 2011 Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of November 15, 2010 Special Study Session, Economic Development Authority and City Council Agenda 4. CONSENT CALENDAR 4a. Approve premises amendment to the on-sale intoxicating and Sunday sales liquor license for Rojo West End LLC dba Rojo Mexican Grill located at 1602 West End Boulevard. 4b. Adopt Resolution calling for a public hearing by the City Council on December 20, 2010 relative to the proposed Hardcoat Tax Increment Financing District within Redevelopment Project No. 1 (an Economic Development District). 4c. Adopt Resolution authorizing the special assessment for the repair of the water service line at 9375 Cedar Lake Road, St. Louis Park, MN 55416 - P.I.D. 07-117-21-32-0007. 4d. Adopt Resolution authorizing the special assessment for the repair of the water service line at 3245 Sumter Avenue South, St. Louis Park, MN – P.I.D. 17-117-21-23-0032. 4e. Adopt Resolution rescinding prior parking restrictions and authorizing parking restrictions at 6300 Walker Street. 4f. Adopt Resolution rescinding prior parking restrictions and authorizing parking restrictions at 4801 41st Street West. 4g. Approve Change Order No. 2 to Contract No. 99-09, 36th Street Streetscape Project – Project 2008-2600. 4h. Appoint Mayor Jeff Jacobs to serve as the St. Louis Park representative on the Southwest Corridor Management Committee. 4i. Approve Purchase of vacant MnDOT land and approve the purchase agreement for re- conveyance of said vacant MnDOT land to Namakan Properties, LLC. 4j. Approve for Filing Vendor Claims. St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting Date: November 15, 2010 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Fire Stations Project Update. RECOMMENDED ACTION: No formal action is required. Staff would like to discuss with the City Council several policy questions related to the fire station design, and update City Council on the fire stations site and building planning, project schedule and cost estimates. POLICY CONSIDERATION: There are several policy issues related to the fire station plans that need direction from City Council. The specific policy questions include: • Should the City proceed with using geothermal heat exchange at Station No. 1 and/or Station No. 2 based on preliminary estimates on well field size, cost, and pay back analysis? • Should the City pursue LEED certification for Fire Station No. 1 and/or Fire Station No. 2? • Should the City proceed into the Construction Documents phase? BACKGROUND: Staff and consultants presented a complete update at the end of the Schematic Design Phase to City Council at a study session on August 9, 2010. At that meeting the City Council provided clear direction and support regarding the initial plans and scope of work. Subsequently, the City Council provided staff direction to include City records storage on the second floor of Fire Station No. 1. At this time, the Fire Stations Project design is at the end of the second phase (Design Development Phase). In the Design Development Phase, the grading, drainage, utility and landscaping plans have been taking shape. The floor plan has been reviewed in greater detail. Also, the mechanical engineers have begun to size and design the heating, cooling, ventilation and lighting systems. Well drilling, soil conductivity testing and energy modeling have been done to evaluate whether geothermal heat exchange is appropriate for these sites and buildings. Staff is seeking City Council direction regarding three issues as the project enters into the Construction Drawing Phase and formal applications are submitted for City subdivision and zoning approvals, and Minnehaha Creek Watershed District permits. Staff needs direction regarding pursuing the use of geothermal, pursuing LEED certification, and proceeding with the next design phase and City and Watershed District approvals/permitting. Public Input Update A third community meeting was held for the fire stations project on September 16, 2010. The attendance at this meeting, similar to two previous community meetings, was relatively low. Those attending the neighborhood meetings have been primarily residents that live near the stations. Overall, those in attendance have supported keeping the fire stations in the existing locations. Special Study Session Meeting of November 15, 2010 (Item No. 1) Page 2 Subject: Fire Stations Project Update For Fire Station No. 1, staff met with a few of the adjacent neighbors on October 27, 2010 to discuss issues related to parking lot screening, lighting, building appearance, and landscaping as a means to follow up on questions that were raised at the third neighborhood meeting. Staff is also providing an update to the Elmwood Neighborhood at its annual meeting on November 11. Staff will be working with at least one neighbor across the street from Station No. 2 regarding concerns about headlights shining into the house across the street from the north truck exit. Staff will also continue to pursue realigning the common property line between the Walgreens property and Station #2/Northside Park. The site and building exterior design continue to be refined to address neighbors’ concerns. Updated Cost Estimate The construction manager, Kraus-Anderson, has prepared the next iteration of project cost estimates. At the direction of City Council, a second construction cost estimate was prepared by another independent firm, Faithful & Gould. Both construction cost estimates confirm that the fire station designs are on budget. There was less than 10% difference in the two estimates. This should provide City Council with confidence that at this stage the design is consistent with the proposed budget. (Action regarding issuing bonds for the Fire Stations Project is on the regular meeting agenda for November 15, 2010.) Design Development Phase Cost Estimates: Kraus-Anderson Faithful & Gould % Difference Station No. 1 $7,229,521 $6,765,091 -6.4% Station No. 2 $4,404,456 $3,881,553 -11.9% Construction Costs Subtotal $11,633,977 $10,646,644 -8.5% All Other Project Costs +$3,832,943 TOTAL $15,466,920 Schedule A basic project timeline is attached for your information. As City Council is aware, the two stations are being designed at the same time and the City plans to bid the two fire stations together. Staff is recommending that the City also build the stations concurrently. Based on the present designs, Kraus-Anderson is confident that the new Station No. 2 could be built while the existing Station No. 2 remains in operation. This means that the City could build Fire Station No. 1 and No. 2 concurrently. This approach may improve the construction bids the City receives and it would significantly reduce the duration of the disruption to Fire Department operations. The attached timeline graphic reflects this change. TOPICS TO DISCUSS: The architect and construction manager will begin the study session with a 25-minute presentation to the City Council to help explain the current designs, energy modeling analysis, LEED certification prospects, cost estimates and schedule that are attached for your review. The remaining time will be devoted to City Council questions and discussion on the main policy issues: geothermal, LEED certification, and design approval process. Special Study Session Meeting of November 15, 2010 (Item No. 1) Page 3 Subject: Fire Stations Project Update Geothermal On August 9, 2010, the City Council directed staff to investigate the use of a Ground Source Heat Exchange system (“geothermal”) for heating/cooling the two fire stations. Test wells were drilled at both sites and soil conductivity tests were conducted. The testing showed that the soil conductivity was good. However, the well company encountered challenging geologic conditions for drilling, including somewhat shallow depths to bedrock (70 to 100 feet) and fractured Platteville Limestone. Due to these conditions, the consultants anticipate drilling costs would exceed previous estimates. The project mechanical engineer, Bonestroo, did energy modeling for Fire Station No. 1 and an economic comparison of three different scenarios (see attached): • Alternative 1 assumed using geothermal to help heat and cool the administration portions of the building, and overhead radiant heat for the apparatus bays. • Alternative 2 assumed using natural gas for a high efficiency boiler and chiller system for the administration portion of the buildings, and overhead radiant heat for the apparatus bays. • Alternative 3 assumed using geothermal for the whole buildings. The analysis essentially shows that the geothermal systems (Alternatives 1 and 3) would be more costly to install, slightly more costly to maintain, and be similar or less energy efficient than Alternative 2. This was not what we expected to learn. When the geothermal system was being explored, it was expected that it would be more energy efficient and would pay for the added initial costs over a period of time. Instead, the analysis shows that there would never be a payback for the more expensive installation costs. Based on the energy modeling done for Station #1, Bonestroo expects the same result for Fire Station No. 2. It is staff’s recommendation that the City change course and use a high-efficiency boiler system, instead of geothermal, at both stations. The construction cost estimates done by Kraus-Anderson and Bonestroo were based on a geothermal system. The costs will be significantly less for a high efficiency boiler system, but that system has not been designed and detailed cost estimates are not yet available. The consultants may be able to provide a better cost estimate comparison of the upfront costs (geothermal vs. high-efficiency boiler system) in the verbal presentation to City Council. LEED Certification The fire stations will be designed and constructed in accordance with the City’s Green Building Policy. The Fire Stations Working Group determined that the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design Green Building Rating System (LEED) would be the most appropriate program for the fire stations. DLR Group KKE did a preliminary assessment of the credits likely to be achieved based on the current design. The architects’ assessment is that the fire stations definitely appear to qualify for LEED Certification, and may even be eligible for LEED Silver certification. The City of St. Louis Park’s Green Building Policy requires that a building owner obtain a written cost estimate for achieving “green” certification by at least one third party sustainable building program so as to enable building owners to more fully determine the cost/benefit of such certification. DLR Group KKE provided a written cost estimate of $68,700 to pursue LEED certification for both stations. The cost estimate (see attached) includes LEED strategy selection and verification; acting as LEED liaison to USGBC; assisting in negotiation of point Special Study Session Meeting of November 15, 2010 (Item No. 1) Page 4 Subject: Fire Stations Project Update ruling; technical support and research; LEED certification planning, registration and documentation; coordination with the project team and contractor; and additional energy modeling. Design Approval Process If the City Council is still comfortable with the design direction, the project will proceed into the Construction Documents Phase. Also, formal applications for City subdivision and zoning approvals, as well as Minnehaha Creek Watershed District (MCWD) permits, will be submitted. In the Construction Documents Phase, the architect will develop detailed drawings and materials specifications that the construction manager and building contractor will use both to estimate construction costs and to build the project. This phase takes three months (Construction drawings are due to Kraus-Anderson for cost estimates at the end of January 2011). The City approvals will include: • Conditional Use Permit (CUP) for importing/exporting fill in excess of 400 cubic yards (both stations) • Preliminary and Final Plats to combine parcels (both stations) • Subdivision variance to reduce the width of a drainage and utility easement (Station #1 only) • Vacation of a portion of Oxford Street right-of-way (Fire Station #1 only) Consultants will submit applications for the CUP and MCWD permits for both stations immediately. For Fire Station No. 1 specifically, the following additional City subdivision and zoning applications also will be submitted immediately. The vacation application would convert excess road right-of-way along the south side of Oxford Street to City property that would be used for parking for the fire station site. The plat application to combine the parcels will include a variance to provide a drainage and utility easement of less than 10 feet at one point on the property. For Fire Station No. 2 specifically, staff anticipates submitting a preliminary and final plat application to combine the existing fire station site with Northside Park property. Staff is still working with the owner of the Walgreens property to pursue a possible land exchange, which would straighten out the common property line. Staff anticipates this will take more time, and will likely delay submitting the plat application for Station #2. This will not delay the overall project schedule. NEXT STEPS: • Begin construction documents preparation (immediately). • Submit City subdivision and zoning applications (immediately). • Hold the first public hearings in December 2010. • Begin site preparation work o The Fire Stations Working Group will review bids to remove the structures from the three residential properties south of Fire Station No. 1. The selected contractor will abate the hazardous materials from the buildings (asbestos, lead paint, etc.) in November and clear the houses in December. o Xcel Energy will relocate existing electric utilities at Station No. 1 and Station No. 2 sites over the winter. Special Study Session Meeting of November 15, 2010 (Item No. 1) Page 5 Subject: Fire Stations Project Update • The three houses south of Fire Station No.1 may be used for Public Safety training after the selected demolition contractor removes any asbestos or lead paint in the houses. These houses are very representative of most of the houses in St. Louis Park and provide a unique training opportunity. Neighboring residents will be contacted prior to any training activity. • The City is participating in Xcel Energy’s Energy Design Assistance Program. The program will help the City review energy conservation opportunities associated with the St. Louis Park Fire Stations Project. A final report from that effort should be completed in mid- December. FINANCIAL OR BUDGET CONSIDERATION: The proposed project cost estimates of the fire station designs is within the $15.5 million budget. VISION CONSIDERATION: Engaging the community in the design process, minimizing negative impacts of the stations on surrounding residents, designing energy efficient buildings that meet or exceed the City’s green building policy, and building an aesthetically pleasing building relate to all four Vision St. Louis Park Strategic directions. Attachments: • Project Timeline Graphic • Site Plans, Floor Plans, and Exterior Building Images • Kraus Anderson Project Cost Estimates • Faithful & Gould Construction Cost Estimates • Economic Comparison (Energy Modeling) for Station No. 1 • Proposal for Services - LEED Certification o Scope of Services o Compensation Prepared by: Sean Walther, Senior Planner Reviewed by: Luke Stemmer, Fire Chief Cindy Walsh, Parks and Recreation Director Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 6 KK:I"STATION 1 -SITE PLAN CITY OF ST.LOUIS PARK architects TWO NEW FIRE STATIONS Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 7 N LEGEND 1.PUBLIC 2.LIVING QUARTERS 3.STATION ADMINISTRATION 4.DEPARTMENT ADMINISTRATION 5.TRAINING 6.APPARATUS BAY 7.MECHANICAL 80 FIRST FLOOR SECOND FLOOR KK:I'"STATION #1 -SCHEMATIC PLANS CITY OF ST.LOUIS PARK architects TWO NEW FIRE STATIONS Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 8 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 9 cornice similar windows with expressed window heads ~ brick exterior with soldier course detail KK;J"DESIGN CONCEPTS CITY OF ST.LOUIS PARK architects TWO NEW FIRE STATIONS Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 10 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 11 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 12 I PEAVUSI.E PA ING PRoPOSEO l,.ANl)SCAPt PLANTING LEGEND ~ <{ Z Z <{ (j) 5o ...J LITTLE L FIlLD #) ( I I I--r UtTINe GrtOUl'" P,AN [.5 I DESIGN ..5 BATTING ~AGE IBATTI G gAGE I ~q o I .._-----...--.t.- I L E NGIN[I.5 I ~CON K~;)'"Station 2 -Site Plan CITY OF ST.LOUIS PARK archItects TWO NEW FIRE STATIONS Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 13 - ~I I r l 6 r-8?Y 7 t-J-- n LEGEND 1.PUBLIC 2.LIVING QUARTERS 3.STATION ADMINISTRATION 4.DEPARTMENT FIRST FLOOR MECHANICAL ADMINISTRATION MEZZANINE 5.TRAINING 6.APPARATUS BAY 7.MECHANICAL N 40 80 i KK:I'"STATION #2 -SCHEMATIC PLANS CITY OF ST.LOUIS PARK architects TWO NEW FIRE STATIONS Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 14 I _~ I ----.-- 1-_•--- II Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 15 Date: 2/8/2010 Revision #:6 Revision Date: 11/9/2010 Owner:City of St. Louis Park Project Start: Spring 2011 Project:Fire Stations #1 & #2 Completion: TBD Location:St. Louis Park Tax Percent: TBD Designer:DLR Group/KKE % Cost Escalation: TBD Description Fire Station #1 Fire Station #2 TOTALS Remarks Project Funds Available $0 $0 $15,516,197 Interest Earnings $0 Total Available Dollars $0 $0 $15,516,197 Construction Costs Budget Building & Site Construction $7,229,521 $4,404,456 $11,633,977 Project General Conditions $0 $0 $0 In Estimate CM Site Services $0 $0 $502,335 Kraus-Anderson CM Fee $0 $0 $157,500 Kraus-Anderson Construction Contingency $289,181 $176,178 $465,359 Assumed 4% of Construction Xcel Energy Charges $7,000 $7,000 $14,000 Based on Prelim Meetings with Xcel -$0 $0 $0 Total Construction Budget $7,525,702 $4,587,634 $12,773,171 Soft Cost Budget A/E Fees $0 $0 $498,750 DLR/KKE A&E Project Reimbursable or Constr. Admin.$0 $0 $24,000 DLR/KKE Overall Project Budget - Design Development Estimate A&E Project Reimbursable or Constr. Admin.$0 $0 $24,000 DLR/KKE A/E Additional Services $0 $0 $68,276 DLR/KKE/Faithful Gould Civil, Structural, M&E Design Fees $0 $0 incl. FFE Programming $0 $0 $0 Building Permit Fee $100,000 $50,000 $150,000 Allowance Zoning Application Fee $2,800 $2,800 $5,600 Preliminary Info from City SAC & WAC Costs $0 $0 $20,000 Allowance Construction Testing / Special Inspections Testing $30,000 $20,000 $50,000 Estimated Site Survey $6,570 $7,957 $14,527 Sunde#1/Loucks #2 Initial Park Soil Borings $0 $8,465 $8,465 Braun(by City) Geotechnical Exploration / Soil Borings $0 $0 $9,600 Braun Plan Productions / Distribution - Bidding $7,500 $7,500 $15,000 Allowance Total Soft Cost Budget $146,870 $96,722 $864,218 Owner Costs Budget $0 Land Acquisition/Utility/Taxes Costs $844,350 $0 $844,350 Owner Moving/Relocation Costs $25,000 $25,000 $50,000 Estimated Public Infrastructure $0 $0 $0 Capitalized Interest on Land $0 $0 $0 Capitalized Interest on Building $0 $0 $0 Loan Expenses or Bonding Costs $0 $0 $0 Per City Info Furniture, Fixtures and Equipment $350,000 $200,000 $550,000 Allowance Technology / Equipment $75,000 $60,000 $135,000 Estimated Art Requirement $0 $0 $0 Special Consultants $14,200 $8,000 $22,200 SRF Legal Fees / Bid Notices $5,050 $5,000 $10,050 Actual #1/Allowance #2 Project Commissioning / Validation $25,000 $15,000 $40,000 Phase 1 & 2 and Hazmat Environmental Study $0 $0 $40,934 Braun Environmental Abatement Costs $30,000 $20,000 $50,000 Allowance SLP DD estimate 11810.xls - Owner-Project Budget Costs Page 1 of 2 Print Date: 11/10/2010 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 16 Description Fire Station #1 Fire Station #2 TOTALS Remarks Geothermal Drilling / Report $14,062 $14,063 $28,125 Braun Reports Storm Water Charges, Requirements $0 $0 $0 City Approval Fees & Park Ded.$0 $0 $0 City Administration Costs $1,283 $0 $1,283 Travel / Site Visits $0 $11 $11 Misc. Owner Expenses $71 $6,500 $6,571 Misc. Owner Expenses - Storage Costs $16,800 $16,800 $33,600 Belt Line Properties Platting Costs $3,250 $3,250 $6,500 Builders Risk Insurance $0 $0 $10,907 Preliminary Quote Total Owner Costs Budget $1,404,066 $373,624 $1,829,531 Total Project Costs $9,076,638 $5,057,980 $15,466,920 Constr. Cost + Soft Costs + Owner Costs Project Balance Available $49,277 Value Engineering & Recommend savings $0 $0 $0 Adjusted Project Balance $0 $0 $49,277 Project Cost Revisions Executed Change Orders to Date $0.00 $0.00 $0.00 Pending Changes $0.00 $0.00 $0.00 Contingency Remaining $465,359.10 SLP DD estimate 11810.xls - Owner-Project Budget Costs Page 2 of 2 Print Date: 11/10/2010 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 17 Date: 11/9/2010 Revision # Fire Station #1 Revision Date: DD Estimate Owner:City of St. Louis Park Project Start: Spring 2011 Project:Two New Replacement Fire Stations Completion: TBD Location:St. Louis Park,MN Tax Percent: TBD Designer:DLR Group/KKE % Cost Escalation: TBD $202.49 / SF Building Area:30,830 SF $234.25 / SF Total Project Manager: Pat Sims Brian Hook Item Unit Cost/ Item Description Quantity UOM Unit Cost Bldg. Area Dir. Cost Total Cost SUMMARY: BUILDING STRUCTURE $43.95 $1,362,446 EXTERIOR ENCLOSURE - SHELL $43.58 $1,343,575 INTERIOR CONSTRUCTION $26.95 $830,820 EQUIPMENT & FURNISHINGS $2.85 $87,900 SPECIAL CONSTRUCTION $0.00 $0 CONVEYING SYSTEMS $2.11 $65,000 MECHANICAL $46.97 $1,448,155 ELECTRICAL $21.18 $653,000 GENERAL CONDITIONS $9.18 $283,025 PERMITS, INSURANCE & TESTING $0.00 $0 CONTINGENCY $5.72 $176,330 ESCALATION****$0.00 $0 BUILDING SUBTOTAL $202.49 $6,250,251 SITE PREPARATORY WORK $3.45 $106,450 SITEWORK $28.31 $872,820 TOTAL ESTIMATED COST $234.25 $7,229,521 ****0% Escalation Based on January 2011 Bid Date SLP DD estimate 11810 - Tab 1-Fire Station #1 Page 1 of 4 Print Date: 11/10/2010 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 18 Date: 11/9/2010 Revision # Fire Station #2 Revision Date: DD Estimate Owner:City of St. Louis Park Project Start: Spring 2011 Project:Two New Replacement Fire Stations Completion: TBD Location:St. Louis Park,MN Tax Percent: TBD Designer:DLR Group/KKE % Cost Escalation: TBD $227.41 / SF Building Area:15,915 SF $276.43 / SF Total Project Manager: Pat Sims Brian Hook Item Unit Cost/ Item Description Quantity UOM Unit Cost Bldg. Area Dir. Cost Total Cost SUMMARY: BUILDING STRUCTURE $52.05 $833,353 EXTERIOR ENCLOSURE - SHELL $42.53 $676,840 INTERIOR CONSTRUCTION $29.22 $465,070 EQUIPMENT & FURNISHINGS $3.33 $53,000 SPECIAL CONSTRUCTION $0.00 $0 CONVEYING SYSTEMS $0.00 $0 MECHANICAL $54.64 $869,565 ELECTRICAL $25.13 $400,000 GENERAL CONDITIONS $13.76 $218,980 PERMITS, INSURANCE & TESTING $0.00 $0 CONTINGENCY $6.75 $107,426 ESCALATION****$0.00 $0 BUILDING SUBTOTAL $227.41 $3,624,234 SITE PREPARATORY WORK $2.83 $44,960 SITEWORK $46.20 $735,262 TOTAL ESTIMATED COST $276.43 $4,404,456 ****0% Escalation Based on January 2011 Bid Date SLP DD estimate 11810 - Tab 1-Fire Station #2 Page 1 of 4 Print Date: 11/10/2010 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 19 St Louis Park Fire Stations Design Development Estimate St Louis Park, MN DLR Group KKE 520 Nicollet Mall, Suite 200 Minneapolis, MN 55402 Design Development Cost Estimate: Rev B Provided By: Faithful+Gould 900 2nd Ave South, Suite 500 Minneapolis, MN 55402 Telephone 612.338.3120 FGOULD.COM November 8, 2010 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 20 8-Nov-10 St Louis Park Fire Stations Design Development Estimate St Louis Park, MN Design Development Cost Estimate: Rev B INTRODUCTION Project Description This estimate includes the two new proposed Fire Stations located in St Louis Park, MN. They are the new 31,015sf Fire Station #1 located at 3750 Wooddale Avenue, and the new 15,954 sf Fire Station #2 located at 2262 Louisiana Ave S. This document is based on the measurement and pricing of quantities wherever information is provided and/or reasonable assumptions for other work not covered in the drawings and programs as stated in this document. Basis of Pricing Pricing shown reflects probable construction costs obtainable in the St Louis Park, MN, area on the date of this statement of probable costs. This estimate is a determination of fair market value for the construction of this project. We understand that the Owner has chosen to employ a CM to manage the project. Pricing within the estimate assumes competitive bidding for every portion of the construction work for all subcontractors, that is to mean 4 to 5 bids. If fewer bids are received, bid results can be expected to be higher. Subcontractor’s markups have been included in each line item unit price. These markups cover the cost of field overhead, home office overhead, and profit. These markups can range from 5% to 15% of the cost for that particular item of work. The rates that have been established are for budgetary purposes only and are not to be used to establish the cost of additions or deletions to the scope of work that may arise during the actual construction process. Construction Manager's General Conditions, CM Fee, Overhead and Profit , are calculated at 11% Documentations Faithful+Gould received the following documents for the this cost estimate: Design Development Drawings dated October 18, 2010 Architectural Project Manual (2 volumes) dated October 18, 2010 Design Contingency A 5% design/estimating contingency has been included in the estimate. This contingency should reduce to zero at bid stage, but the monies identified are likely to be absorbed in the detail "above-the-line". Escalation Escalation has been excluded. Items excluded from the Cost Estimate Land acquisition fees Legal and accounting fees Design, engineering and consultant fees Winter Conditions Testing and inspection Fire and all risk insurance Owner's contingency Hazardous material mitigation Removal of unforeseen underground obstructions Loose furniture, fittings and equipment (FF&E) Moving costs Vending Equipment Audio Visual Equipment Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 21 8-Nov-10 St Louis Park Fire Stations Design Development Estimate St Louis Park, MN Design Development Cost Estimate: Rev B INTRODUCTION Artwork Any off site roadway or utility improvements Items that may affect the cost estimate Modifications to the scope of work included in this estimate. Unforeseen sub-surface conditions. Special phasing requirements. Restrictive technical specifications or excessive contract conditions. Any other non-competitive bid situations. Bids delayed beyond the projected schedule. Statements of Probable Cost Faithful+Gould has no control over the cost of labor and materials, general contractor’s or any subcontractor’s method of determining prices, or competitive bidding and market conditions. This opinion of probable cost of construction is made on the basis of the experience, qualifications, and best judgment of the professional consultant familiar with the construction industry. Faithful+Gould cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from this or subsequent cost estimates. Faithful+Gould has prepared this estimate in accordance with generally accepted principles and practices. This staff is available to discuss its Faithful+Gould has prepared this estimate in accordance with generally accepted principles and practices. This staff is available to discuss its contents with interested personnel. Recommendation for Cost Control Faithful+Gould. recommends that the Owner carefully review this document, including line item descriptions, unit prices, clarifications, exclusions, inclusions and assumptions, contingencies, escalation and markups. If the project is over budget, or if there are unresolved budgeting issues, alternate systems schemes should be evaluated before proceeding into the design phase. Requests for modifications of any apparent errors or omissions to this document must be made to Faithful+Gould within ten (10) days of receipt of this estimate. Otherwise, it will be understood that the contents have been concurred with and accepted. Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 22 Fire Station # 1 7,198,751 232.11 63.5 Fire Station # 2 4,130,372 258.89 36.5 Total 11,329,123 491.00 100.0 St. Louis Park Fire Stations Design Development - Rev. B Summary: PROJECT COMPONENTS Description Amount USD Cost/sf USD % 20239-11-001,1 11-9-10 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 23 Fire Station # 1 A10 FOUNDATIONS 549,596.00 17.72 7.6 B10 SUPERSTRUCTURE 543,560.00 17.53 7.6 B20 EXTERIOR ENCLOSURE 1,148,741.00 37.04 15.9 B30 ROOFING 302,519.00 9.75 4.2 C10 INTERIOR CONSTRUCTION 630,570.00 20.33 8.8 C20 STAIRS 77,000.00 2.48 1.1 C30 INTERIOR FINISHES 437,746.00 14.11 6.1 D10 CONVEYING 110,000.00 3.55 1.5 D20 PLUMBING 266,672.00 8.60 3.7 D30 HVAC 644,909.00 20.79 8.9 D40 FIRE PROTECTION SYSTEMS 100,799.00 3.25 1.4 D50 ELECTRICAL 643,025.00 20.73 9.0 G10 SITE PREPARATION 90,534.00 2.92 1.2 G20 SITE IMPROVEMENTS 378,862.00 12.22 5.3 G30 SITE MECHANICAL UTILITIES 100,605.00 3.24 1.4 G40 SITE ELECTRICAL UTILITIES 170,000.00 5.48 2.4 Sub Total 6,195,138.00 199.74 86.1 General Conditions (4%)247,806.00 7.99 3.4 Design/Pricing Contingency (5%)322,147.00 10.39 4.5 Building and Site Construction Sub Total 6,765,091.00 218.12 94.0 CM Site Services and Fee (7%)433,660.00 13.98 6.0 Total 7,198,751.00 232.10 100.0 St. Louis Park Fire Stations Design Development - Rev. B Summary - Fire Station # 1 Area: 31,015 Ref. Description Amount USD Cost/sf USD % 20239-11-001,2 11-9-10 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 24 Fire Station # 2 A10 FOUNDATIONS 336,580.00 21.10 8.1 B10 SUPERSTRUCTURE 137,718.00 8.63 3.4 B20 EXTERIOR ENCLOSURE 584,695.00 36.65 14.1 B30 ROOFING 161,800.00 10.14 4.0 C10 INTERIOR CONSTRUCTION 426,116.00 26.71 10.3 C20 STAIRS 15,000.00 0.94 0.3 C30 INTERIOR FINISHES 312,844.00 19.61 7.6 D20 PLUMBING 186,198.00 11.67 4.5 D30 HVAC 437,823.00 27.44 10.6 D40 FIRE PROTECTION SYSTEMS 51,850.00 3.25 1.3 D50 ELECTRICAL 376,815.00 23.62 9.1 G10 SITE PREPARATION 10,000.00 0.63 0.2 G20 SITE IMPROVEMENTS 327,696.00 20.54 8.0 G30 SITE MECHANICAL UTILITIES 59,201.00 3.71 1.4 G40 SITE ELECTRICAL UTILITIES 130,200.00 8.16 3.2 Sub Total 3,554,536.00 222.80 86.1 General Conditions (4%)142,181.00 8.91 3.4 Design/Pricing Contingency (5%)184,836.00 11.59 4.5 Building and Site Construction Sub Total 3,881,553.00 243.30 94.0 CM Site Services and Fee (7%)248,818.00 15.60 6.0 Total 4,130,371.00 258.90 100.0 St. Louis Park Fire Stations Design Development - Rev. B Summary - Fire Station # 2 Area: 15,954 Ref. Description Amount USD Cost/sf USD % 20239-11-001,18 11-9-10 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 25 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 26 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 27 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 28 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 29 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 30 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 31 Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 32 Minneapolis Des Moines Chicago Colorado Springs Denver Irvine Honolulu Lincoln Los Angeles Las Vegas Modesto Omaha Orlando Overland Park Palm Springs Phoenix Portland Riverside Sacramento Seattle Tucson 520 Nicollet Mall Suite 200 Minneapolis, MN 55402 (o) 612/977-3500 (f) 612/977-3600 www.dlrgroup.com November 7, 2010 Mr. Sean Walther Senior Planner City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 Subject: Proposal for Services – LEED-NC v3.0, 10-01-2010 Two New Fire Stations Projects St. Louis Park, Minnesota DLR Group KKE 40-10232-00 Dear Sean: It is our pleasure to present to the City of St Louis Park this proposal for LEED planning and documentation services for each of the St Louis Park Fire Station Projects. Based on our experience with similar successful projects, we believe that our process and phased approach are in line with your vision. The recommended approach will allow Council to be fully informed in the sustainable strategies, aware of the benefits and cost of the suggested strategies to allow them to make the determination how to proceed at each phase in a way that will be both demonstrative and fiscally responsible. DLR Group KKE has built a name in the Market by listening, designing and delivering our services to support the needs of our clients. Our experience delivering both the LEED planning and documentation seamlessly with the implementation of our architectural services make us a solid choice. As a forward thinking community, St Louis Park has recognized the clear potential with a LEED certified public project. In addition to the beneficial marketing opportunities, LEED certified buildings are proven to offer many other cost savings benefits, which include operational cost savings, increased staff retention, performance and health and return on investment. This proposal will allow you to begin utilizing the recognition of leadership right away. Basic Scope of Services  LEED strategy selection and verification  Act as LEED liaison to USGBC  Assist in negotiation of point ruling  Technical support and Research  LEED Certification Planning, Registration and Documentation  Coordination with project team and contractor  Energy Modeling (if selected) Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 33 Mr. Sean Walther November 3, 2010 DLR Group KKE 40-10232-00 Page 2 Minneapolis Des Moines Chicago Colorado Springs Denver Irvine Honolulu Lincoln Los Angeles Las Vegas Modesto Omaha Orlando Overland Park Palm Springs Phoenix Portland Riverside Sacramento Seattle Tucson LEED Planning  Facilitate an Eco Charette with Owner representation and project team to develop Preliminary LEED Strategy Checklist  Presentation of initial strategy recommendations to Council and Owner ’s Representative  Revise checklist as required, including design analysis of strategy implications  Coordinate and communicate with project team on LEED issues and direction  Register the project with the USGBC  Presentations to Council with final strategy recommendation that includes preliminary cost benefit analysis Research Assistance  Provide LEED support to design team throughout design stage  Evaluate alternatives for materials and approach  Track performance with LEED goals and selected strategies  Provide support for developing and determining the General Conditions and Contractor requirements in the construction documents  Coordinate documentation requirements with the project team LEED Documentation  Prepare and submit final LEED checklist and narratives  Manage the consultant team template letters  Analyze credit interpretations and USGBC responses to negotiate credit rulings  Provide support for contractor in implementing and developing the Contractor’s LEED plan Assumptions  It is assumed the LEED documentation occurs prior to construction beginning  It is assumed consultant information required to submit for LEED documentation will be submitted online as required, or provided in hardcopy and electronic at no cost to DLR Group KKE  The LEED Certification Fees ($2,250 per building per the 2010 USGBC Fee Schedule) will be billed to the Owner as a Reimbursable Expense. Not included in this contract o Project cost estimating o Daylight modeling o Post occupancy analysis o Commissioning We are committed to the LEED goals defined in this agreement and agree to provide the project team information and resources towards this goal. Ultimately, DLR Group KKE has no control over the Owner, consultant’s design or the contractor and as a result cannot guarantee that the project will achieve LEED Certification. Compensation We propose to provide the scope of work outlined above for the lump sum fee as follows, plus reimbursable expenses. LEED Planning Education and Presentations $9,400 Research and Design team assistance $6,500 LEED Documentation $41,800 Energy Modeling $6,500 DLR Group KKE Total fee: $64,200 Note: See Assumptions above for Certification Fee to be paid by Owner. Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 34 Mr. Sean Walther November 3, 2010 DLR Group KKE 40-10232-00 Page 3 Minneapolis Des Moines Chicago Colorado Springs Denver Irvine Honolulu Lincoln Los Angeles Las Vegas Modesto Omaha Orlando Overland Park Palm Springs Phoenix Portland Riverside Sacramento Seattle Tucson Attached with this proposal, you will find a preliminary LEED Checklist indicating the credits that we hope to achieve with our current design efforts. You will see that the project hopes to achieve a Silver rating with our current efforts. These results of course cannot be guaranteed, and there are some factors that could have a significant impact on the ability of the project to achieve the LEED Silver rating within current design parameters. 1. Costs for inclusion of the Geothermal Heat Exchange system have risen due to geologic conditions at the individual sites. This may limit the available energy savings from this technology. 2. DLR Group KKE and our consultants have no control over project costs and market conditions. 3. Interpretation of LEED point systems and verification of design will be ongoing. Information contained herein is only preliminary in nature. Sincerely, DLR Group KKE Michael Clark, AIA Senior Associate Main: 612/977-3500 Direct: 612/977-3517 skt Attachment: Preliminary LEED v3 Checklist for the St Louis Park Fire Stations Special Study Session Meeting of November 15, 2010 (Item No. 1) Subject: Fire Stations Project Update Page 35 Meeting Date: November 15, 2010 Agenda Item #: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA OCTOBER 18, 2010 1. Call to Order President Finkelstein called the meeting to order at 7:25 p.m. Commissioners present: President Finkelstein, Jeff Jacobs, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Commissioners absent: None. Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr. Locke), Economic Development Coordinator (Mr. Hunt), and Recording Secretary (Ms. Hughes). Guests: Stacy Kvilvang, Ehlers & Associates, and Martha Ingram, Kennedy & Graven. 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes of September 20, 2010 The minutes were approved as presented. 4. Approval of Agenda The agenda was approved as presented. 5. Reports 5a. Economic Development Authority Vendor Claims It was moved by Commissioner Sanger, seconded by Commissioner Mavity, to approve the EDA Vendor Claims. The motion passed 7-0. 6. Old Business - None 7. New Business 7a. Issuance of $4,430,000 in Tax Exempt TIF Revenue Bonds (Hoigaard Village), Series 2010A and Series 2010B. EDA Resolution No. 10-17 and 10-18 EDA Meeting of November 15, 2010 (Item No. 3a) Page 2 Subject: Economic Development Authority Meeting Minutes of October 18, 2010 Mr. Hunt presented the staff report and advised that agenda items 7a and 7b are interrelated. He explained that in its redevelopment contract with Union Land II, the EDA agreed to reimburse the Redeveloper for certain Public Improvements and other Public Redevelopment costs it incurred related to the Hoigaard Village project through issuance of two taxable TIF Notes. He stated that under the Contract, those Notes may be refinanced with one or more tax exempt Notes. He explained that the Redeveloper is required to meet certain parameters under the Contract in order for the EDA to refund those Notes with tax exempt Notes and that the Redeveloper has met those required conditions. He stated that the EDA was being asked to complete the second and final step in the issuance of the tax exempt financing. Step 1 required the EDA to authorize the negotiation of final business terms for issuance of tax exempt Bonds and a Note, as well as City Council authorization for the EDA to issue the obligations. Those authorizations occurred on September 7th. He indicated that since that time the business terms for issuance of the Bonds and Note have been successfully negotiated; and the EDA can proceed to Step 2, which is adopting the resolutions awarding the actual sale of the Bonds and Note. He explained that the proposed, tax exempt Series 2010 “A” Bonds will be issued in the total principal amount of $3,495,000 and will have a true interest cost of approximately 5.14%. The proposed, tax exempt 2010 “B” Note will be issued in the total principal amount of $935,000 and will bear interest at a rate of just under 4%. Since the Bonds and the Note will have lower interest rates than the taxable notes, the refinancing will allow the principal and interest to be paid down more quickly. Both the Bonds and the Note will have a term of 12 years and are limited obligations of the EDA meaning that only tax increment revenues generated from the Stage 1 and 4 properties are pledged to pay their principal and interest. He advised that the issuance of the tax exempt TIF revenue Bonds and Note will not require any cash payments from the EDA or City. All costs associated with the Bond and Note issuance are paid from gross proceeds of the tax increment. The proposed tax exempt refinancing is consistent with the requirements of the Redevelopment Contract with Union Land II. He stated that the project’s final two stages are scheduled to be completed by the end of next year, however, these dates are not going to be met and the Redevelopment Contract needs to be amended to extend the deadlines for one year. He stated that the amendment is required to eliminate any technical default that could disrupt the financing and to provide time for the City to work with the redeveloper to decide how to complete the project. He added that the Redeveloper will be attending a Council study session next month to discuss realistic schedules for completing the project. President Finkelstein requested confirmation that the Redeveloper will not be reimbursed for any costs until work is completed on the Adagio and Medlow Row components. He also stated that the City is not pledging any warranty regarding the projected amount of tax increment. EDA Meeting of November 15, 2010 (Item No. 3a) Page 3 Subject: Economic Development Authority Meeting Minutes of October 18, 2010 Mr. Hunt stated that this is correct. It was moved by Commissioner Mavity, seconded by Commissioner Jacobs, to adopt EDA Resolution No. 10-17 Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for the Issuance of $3,495,000 Tax Increment Revenue Bonds (Hoigaard Village), Series 2010A. The motion passed 7-0. It was moved by Commissioner Mavity, seconded by Commissioner Jacobs, to adopt EDA Resolution No. 10-18 Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for the Issuance of a Tax Exempt Tax Increment Revenue Refunding Note (Hoigaard Village), Series 2010B, in the Principal Amount of $935,000. The motion passed 7-0. 7b. Fifth Amendment to the Redevelopment Contract with Union Land II LLC, et al. EDA Resolution No. 10-19 It was moved by Commissioner Mavity, seconded by Commissioner Jacobs, to adopt EDA Resolution No. 10-19 Approving a Fifth Amendment of a Contract for Private Redevelopment by and between the St. Louis Park Economic Development Authority and Union Land II LLC. Commissioner Sanger stated that she was frustrated by the repeated construction delays and was hopeful that the redeveloper will not request another extension of the contract. The motion passed 7-0. 8. Communications - None 9. Adjournment The meeting adjourned at 7:34 p.m. ______________________________________ ______________________________________ Secretary President Meeting Date: November 15, 2010 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Vendor Claims Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period October 1, 2010 through November 5, 2010. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report for council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 11/4/2010CITY OF ST LOUIS PARK 7:35:53R55CKSUM LOG23000VO 1Page -Council Check Summary 11/5/2010 -10/16/2010 Vendor AmountBusiness Unit Object 1,450.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESAMERICAN SANDBLASTING INC 1,450.00 26.54DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESCITIZENS INDEPENDENT BANK 26.54 2,554.50DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESHOISINGTON KOEGLER GROUP INC 2,554.50 3,000.00HRA LEVY G&A LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP 3,000.00 1,560.10DEVELOPMENT - EDA BALANCE SHEE LOANS RECEIVABLE - CURRENTM&I BANK 1,560.10 94.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS ST PAUL BUSINESS J 94.00 187.28DEVELOPMENT - EDA G&A TELEPHONENEXTEL COMMUNICATIONS 187.28 440,067.05HSTI G&A DEVELOPER TAX INCREMNT PYMTPARK NICOLLET HEALTH SERVICES 440,067.05 1,825.91DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSIGNATION SIGN GROUP 1,825.91 5,825.00DEVELOPMENT - EDA G&A GENERAL PROFESSIONAL SERVICESSTUTE, VICKI 5,825.00 400.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESWILLEY JR, FOSTER 400.00 Report Totals 456,990.38 EDA Meeting of November 15, 2010 (Item No. 5a) Subject: Vendor Claims Page 2 Meeting Date: November 15, 2010 Agenda Item #: 7a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Public Hearing Study Session Discussion Item Written Report Other: TITLE: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District. RECOMMENDED ACTION: Motion to adopt the attached resolution requesting the City Council to call for a public hearing relative to the proposed Hardcoat Tax Increment Financing District within Redevelopment Project No. 1 (an Economic Development District). POLICY CONSIDERATION: Does the EDA wish to request that the City Council hold a public hearing to consider the establishment of an Economic Development Tax Increment Financing District to facilitate Hardcoat Inc.’s proposed renovation of the former Flame Metals property? BACKGROUND: Hardcoat Incorporated (located at 7300 W. Lake Street) wishes to acquire the former Flame Metals property located across the street to the south at 7317 W. Lake Street. The company plans to renovate the building and site, and relocate its operations there. The existing industrial building is approximately 33,600 square feet and was constructed in 1963. Both the interior and exterior had numerous building code deficiencies. Following Flame Metals’ departure in 2009, the building’s interior has been emptied, thoroughly cleaned, repainted, and many (but not all) code deficiencies have been addressed. Nearly all the building’s operating systems have been removed. The proposed project includes a complete renovation of both the interior and exterior of the building as well as a small addition. Renovation will include a new roof, new exterior facelift, new windows and dock doors, new offices and interior spaces, new electrical and plumbing systems, new energy efficient HVAC equipment, new parking lot and landscaping, rain gardens and site amenities, as well as the construction of a 1,500 SF addition for office/conference space on the north side of the building. Once the renovation is complete, Hardcoat will initially occupy approximately 25,000 square feet of the building. The balance will be leased to a complementary business and provide Hardcoat with future expansion capacity. The total cost to renovate the building and grounds is estimated at $1.4 million. Of this amount, Hardcoat has applied for up to $420,000 in Construction Assistance: which equals approximately 33% of total renovation costs. This is the maximum percentage for which businesses may apply under the CAP. This amount could be reduced based upon more refinements to Hardcoat’s cost estimates and whatever cost savings the company receives through Xcel Energy’s Energy Design Assistance program to which it recently applied. As per the CAP Policy, the above is exclusive of soft costs, permits, furnishings, the cost to physically relocate the business, the cost to reinstall existing equipment or the cost of new equipment. When one adds the cost of the property ($1,050,000), the hard costs related to the building renovation ($1,400,000), the cost of new equipment ($500,000), as well as soft costs and permits estimated at ($136,500), the entire project will total nearly $3.1 million. EDA Meeting of November 15, 2010 (Item No. 7a) Page 2 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District Structure of CAP Funds Funds would be provided to Hardcoat on a reimbursement basis upon prove-up that qualified construction costs were incurred. The reimbursement would be structured as a forgivable loan through a mortgage. Provided the building is held and properly maintained by Hardcoat for 5 years after project completion, the entirety of the loan would be forgiven. If the property is sold within 5 years of project completion, the entirety of the loan must be repaid in full along with 6% accrued interest from the date funding was provided. Proposed Funding Sources As allowed by recent legislation, the source of the CAP funds is tax increment generated by nine of the City’s TIF districts. These funds would be disbursed from the Development Fund. Given the size of Hardcoat’s CAP request, creation of an Economic Development TIF District is proposed to reimburse a portion of the CAP funding. The proposed financial assistance meets the requirements necessary to create an Economic Development TIF District. Those requirements include: (1) encouraging a manufacturer to remain in the state; (2) increasing employment; and (3) enhancing the tax base. Hardcoat’s project would qualify as an Economic Development TIF District. Such a TIF district would generate approximately $190,000 over the life of the district (the maximum term of Economic Development TIF Districts is 9 years). These funds would then be used to partially reimburse the Development Fund for the funds provided to Hardcoat. Request for TIF Assistance At the November 8th Study Session the EDA reviewed the CAP application from Hardcoat which was favorably received. As a result, staff was directed to call for a public hearing on the proposed Economic Development TIF district and to begin drafting a formal Redevelopment Contract with Hardcoat. Call for Public Hearing The CAP and TIF programs are run by the EDA. However in order to create a TIF district, city councils are statutorily required to hold a public hearing. To start the TIF district process the EDA must formally request the City Council to set a date and hold a public hearing. Calling for the public hearing is the first step in the formal creation of the Hardcoat Tax Increment Financing District. The public hearing is scheduled to be held on December 20, 2010. FINANCIAL OR BUDGET CONSIDERATION: Setting a hearing date for the Hardcoat TIF District does not, in itself, authorize or commit the EDA/City to any level of TIF assistance for the proposed project. Procedurally it simply enables the City to hold a public hearing to consider the creation of the new TIF district. The EDA will have the opportunity to consider the precise amount of financial assistance along with other terms when a redevelopment contract with the Redeveloper is presented. Such a contract is likely to be submitted to the EDA prior to the end of the year. FINANCIAL OR BUDGET CONSIDERATION: To stimulate private construction activity within the city it is proposed that the EDA consider providing Hardcoat up to $420,000 through the Construction Assistance Program to renovate the former Flame Metals property. Such funds would be provided on a reimbursement basis for qualified costs incurred and structured as a forgivable loan from tax increment generated by the City’s various TIF districts. It is also proposed that the EDA consider creating an Economic Development TIF District in conjunction with this project so as to allow the EDA to reimburse itself approximately $190,000 of the above assistance over the 9-year life of the district. EDA Meeting of November 15, 2010 (Item No. 7a) Page 3 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District VISION CONSIDERATION: The Construction Assistance Program is consistent with elements of Vision St. Louis Park as it facilitates and promotes environmental stewardship and green development. Attachments: Resolution TIF Schedule Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager EDA Meeting of November 15, 2010 (Item No. 7a) Page 4 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 10-____ RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK CALL FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE HARDCOAT TAX INCREMENT FINANCING DISTRICT (AN ECONOMIC DEVELOPMENT DISTRICT). BE IT RESOLVED, by the Board of Commissioners (the “Board”) of the St. Louis Park Economic Development Authority (the “Authority”) as follows: WHEREAS, the Authority has undertaken a program to promote the development and redevelopment of land which is underutilized within the City of St. Louis Park, Minnesota (the “City”), and in connection with this program has established Redevelopment Project No. 1 (the “Project”) pursuant to Minnesota Statutes, Minnesota Statutes, Sections 469.001 to 469.047; and WHEREAS, the Authority is proposing a Modification to the Redevelopment Plan for the Project (the “Modification”), the establishment of the Hardcoat Tax Increment Financing District (the “TIF District”) within the Project, and the adoption of a Tax Increment Financing Plan (the “TIF Plan”) for the TIF District, pursuant to Minnesota Statutes, Sections 469.174 to 469.1799. NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The Authority hereby requests that the Council call for a public hearing on December 20, 2010, to consider the Modification, establishment of the TIF District and adoption of the TIF Plan, and cause notice of said public hearing to be given as required by law. 2. Authority staff and consultants are authorized and directed to take all steps necessary to prepare the Modification, TIF Plan and related documents, and to undertake all actions necessary to bring the Modification and TIF Plan before the Council. Reviewed for Administration: Adopted by the Economic Development Authority November 15, 2010 Executive Director President Attest Secretary EDA Meeting of November 15, 2010 (Item No. 7a) Page 5 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District SCHEDULE OF EVENTS ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE HARDCOAT TAX INCREMENT FINANCING DISTRICT (an economic development district established under the 2010 Laws of Minnesota, Chapter 216, H.F. No. 2695, Section 31) November 8, 2010 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers. November 15, 2010 EDA requests that the City Council call for a public hearing. November 15, 2010 City Council calls for a public hearing. November 17, 2010 Ehlers confirms with the City whether building permits have been issued on the property to be included in the TIF District. NA County receives TIF Plan for review for County Road impacts (at least 45 days prior to public hearing). *The County Board, by law, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Because the City staff believes that the proposed tax increment financing district will not require unplanned county road improvements, the TIF Plan will not be forwarded to the County Board 45 days prior to the public hearing. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing November 19, 2010 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax and mail on or before November 19, 2010] November 22, 2010 Ehlers conducts internal review of the Plans. December 9, 2010 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Ehlers will submit notice & map to the St. Louis Park Sun Sailor on or before December 2, 2010 at sunlegals@acnpapers.com] December 15, 2010 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Plans. EDA Meeting of November 15, 2010 (Item No. 7a) Page 6 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District SCHEDULE OF EVENTS – PAGE 2 ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE HARDCOAT TAX INCREMENT FINANCING DISTRICT (an economic development district established under the 2010 Laws of Minnesota, Chapter 216, H.F. No. 2695, Section 31) December 20, 2010 EDA adopts a resolution approving the Plans. December 20, 2010 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1, the establishment of the Hardcoat Economic Development Tax Increment Financing District and passes resolution approving the Plans. [Ehlers will email Council packet information to the City on December 13, 2010] December 21, 2010 City can issue building permits. __________, 2010 City authorizes Ehlers to request certification of the TIF District. Before June 30, 2011 Ehlers requests certification of the TIF District from the state and county. Before July 1, 2011 Construction of project begins. An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be commenced within the later of: (1) 180 days after the municipality’s approval under section 469.175, subdivision 3; or (2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision1. Meeting Date: November 15, 2010 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA OCTOBER 11, 2010 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke), Director of Public Works (Mr. Rardin), Director of Inspections (Mr. Hoffman), Organizational Development Coordinator (Ms. Gothberg), Housing Supervisor (Ms. Schnitker), Facilities Manager (Mr. Altepeter), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – October 25, 2010 This item was moved to the end of the agenda. 2. Highway 100 Project Update Mr. Rardin presented the staff report and five concepts developed jointly by Mn/DOT, the City, and the County. He reminded the Council that this is Mn/DOT’s project and Mn/DOT will be leading the project. He also presented a project summary and goals for the Highway 100 project. He advised that Concept A (Base) represents a “do nothing” alternative with only two bridge replacements, while Concept E represents the most expensive reconstruction design. He noted that it was his feeling Concept E is not being considered by Mn/DOT and Mn/DOT is likely considering a project that is somewhere between Concept A and Concept E. He stated that Concept E is the only plan that takes the homes on Toledo Avenue. He added that Mn/DOT will be holding a public meeting in November or December; in the meantime, staff will continue to evaluate the options pending Mn/DOT’s modeling of the project. He requested that Council provide any input to staff on the concepts developed by Mn/DOT. He added that further information is available on Mn/DOT’s website as well as the City’s website. Council discussed the modeling of the project and the public input process. Councilmember Finkelstein expressed concern about Mn/DOT’s apparent indifference to the homeowners that may be impacted by the project. Councilmember Sanger stated that Mn/DOT previously stated it would construct noise walls and asked if the project will include installation of noise walls. Mr. Rardin replied that he did not know at this time. He stated that staff will be working with Mn/DOT on different options of what will and will not be included in the project and pointed out that the concepts represent significantly scaled back versions of previous iterations. Councilmember Sanger stated that when Mn/DOT did the temporary fix, the lanes were made narrower. She asked if Mn/DOT will correct the narrow lanes. City Council Meeting of November 15, 2010 (Item No. 3a) Page 2 Subject: Study Session Minutes October 11, 2010 Mr. Rardin replied that he believed the narrow lanes will be fixed and agreed to ask Mn/DOT about this issue. Mayor Jacobs asked if staff had any sense of the timing for notifying the property owners on Toledo Avenue. Mr. Rardin stated that between now and the end of 2011, Mn/DOT will be looking to winnow the concepts down to one preferred alternative. Councilmember Sanger stated that if Mn/DOT does not buy the Toledo Avenue homes, the City may wish to consider what it can offer in terms of rehab assistance. 3. Municipal Service Center (MSC) Renovation Project Update Mr. Hoffman presented the staff report and introduced Mr. Altepeter. He reviewed the financial report for the MSC project and advised that overall, the project was completed within the budgeted $9.5 million. He stated that Change Order #6, which will require formal Council action, includes the final group of changes needed to occur during completion of construction. He indicated that there are four outstanding items not included in Change Order #6 which staff and the City Attorney do not deem acceptable involving work claimed by the excavation subcontractor. He explained that one of the items is a claim for lost revenue for not selling sand they expected to mine from the site; the City Attorney and project architect have stated that there is no basis for this claim. He then discussed considering the proposed retrofitting of the existing MSC bay lighting to energy efficient fluorescent fixtures; this work was initially removed from the MSC design to reduce cost and explore grant funding sources. The existing Metal Halide bulb fixtures provided poor lighting and are not as energy efficient. Replacement would be done utilizing approximately $50,000 of the remaining project balance with the work being done separate from the general contractor, therefore not requiring a change order. He advised that the payback on the new lighting is approximately seven to ten years; in addition, rebates will be available to help offset some of the cost. It was the consensus of the City Council to direct staff to proceed with the proposed MSC lighting improvements and to use the remaining MSC project balance funds to pay for this work. 4. Update on PPL/Louisiana Court Financial Plan Mr. Locke presented the staff report and stated since the July 12th Council discussion regarding the financial and operational status of PPL’s Louisiana Court development, staff has been working with PPL to complete a refinancing plan consistent with Council’s direction. He advised that the City’s $500,000 contribution to the project is intended to reduce the size of the new bond issue as well as to increase the investment in capital improvements to the development. He indicated the first priority is to get the debt reduced, and staff is requesting that Council be flexible in how the $500,000 is used until it is determined what the other partners are doing as well as the possible grant from the Minnesota Housing Finance Agency. Councilmember Finkelstein asked if there is anything that can be done to incent the owners to sell the property. City Council Meeting of November 15, 2010 (Item No. 3a) Page 3 Subject: Study Session Minutes October 11, 2010 Mr. Locke advised that it will be ten years before a sale of the property would be practical. He reiterated that the proposed financial plan will cut the debt in half, will provide additional capital dollars for improvements, and will provide a shallow rent subsidy pilot program; all of these components will put the project in a much better financial situation. Councilmember Ross expressed her support for the financial plan and stated that she recently toured the property which provided her with a better idea of what needs to be accomplished in terms of capital improvements to bring the units up to a more livable standard. Councilmember Sanger stated that one of her concerns continues to be the high vacancy rate and requested further information regarding the City’s exit strategy with respect to the shallow rent subsidy program. Ms. Schnitker explained that the shallow rent subsidy program is intended to be a three year pilot program; the program will be reassessed at the end of the three year period to see if the program is meeting the needs of the community and to see if the program has helped reduce the vacancy rates. She added it is reasonable to expect that the City will not have to continue the shallow rent subsidy program after three years. Councilmember Santa stated that she wants to make sure the City is not funding this project only to the minimum, and that the City is maintaining a high quality and diverse housing stock. Ms. Schnitker reiterated that the financial plan provides an opportunity to lower the property’s debt and provide more cash flow to address the maintenance and capital improvement needs over time. She stated that the focus now should be on addressing the vacant units to improve the marketability of the project, which will generate more revenue to help with the project’s cash flow. She added that PPL has been given an indication from traditional funders that there will be an opportunity for more grant money for rehab in the future. Councilmember Mavity stated that she wants this project to be successful but that she continues to have some general concerns about the City engaging in a subsidy program. She stated the City needs to have an exit strategy for the subsidy program. Ms. Schnitker stated that in the past, the City has had a program similar to the shallow rent subsidy program and when the funds ran out, the program was ended. Councilmember Sanger stated that the refinancing plan will allow PPL to do the capital improvements to the property and provide more cash flow. She questioned whether the City should consider only providing the debt reserve equity contribution and capital improvements contribution at this time in order to see if this contribution is enough to reduce the vacancy rate. Councilmember Mavity stated the shallow rent subsidy program will provide an immediate benefit to the property, while the capital improvements will take time. It was the consensus of the City Council to direct staff to initiate the formal refinancing approval process. It was the consensus of the City Council to authorize the Housing Authority to administer the shallow rent subsidy program. City Council Meeting of November 15, 2010 (Item No. 3a) Page 4 Subject: Study Session Minutes October 11, 2010 5. City Council Governance Model and Norms Ms. Gothberg facilitated a discussion with the Council regarding the Council’s working relationship and the Council norms. Staff was asked to return to the City Council with proposed alternatives for future communications. 1. Future Study Session Agenda Planning – October 25, 2010 Mr. Harmening presented the proposed study session agenda for October 25th. He stated that the Council may wish to accommodate Safety in the Park’s request for an audience with the Council and invite them to the study session on October 25th. He indicated it will be helpful for staff to discuss with the Council the process used to analyze and respond to the information forthcoming from the three studies from the County. It was the consensus of the City Council to invite Safety in the Park to attend the study session on October 25, 2010. Mr. Harmening advised that a special study session is proposed for October 18th at 6:30 p.m. in order to discuss the water utility. Mr. Harmening stated that Councilmember Mavity received an email from Nancy Rose on behalf of Friends of Bass Lake expressing concern about the condition of the lake. He stated that the Council should have a study session discussion regarding storm water and water management; Friends of Bass Lake could be invited to that meeting. Mayor Jacobs stated that this should be a broader discussion to include Hannan Lake and Twin Lakes. It was the consensus of the City Council to invite all interested parties to attend the Council study session regarding water quality. It was also the consensus of the City Council to request that representatives of the Watershed Districts attend this study session. Mr. Harmening reported that Dairy Queen is changing its proposal in order to come into compliance with the drive-thru issue and will not be on the Council agenda on October 18th. Councilmember Sanger requested that the Council have a study session discussion regarding the establishment of a registry for domestic partners in St. Louis Park. 6. Communications/Meeting Check-in (Verbal) None. The meeting adjourned at 10:22 p.m. Written Reports provided and documented for recording purposes only: 7. Update on Tax Forfeited Property Purchase – 2944 Brunswick Avenue South 8. Hennepin County Environmental Response Fund (ERF) Grant Application for 2005 Louisiana Ave. South ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: November 15, 2010 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA NOVEMBER 1, 2010 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Pro Tem Susan Sanger, Phil Finkelstein, Anne Mavity, Paul Omodt (arrived at 6:55 p.m.), and Sue Santa. Councilmembers absent: Mayor Jeff Jacobs and Councilmember Julia Ross. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), and Recording Secretary (Ms. Hughes). Guests: Chris Thompson (AMEC Geomatrix, Inc.) and Sarah Sonsalla (Kennedy and Graven) 1. Environmental Investigation and Property Acquisition Update – 7015 Walker Street (former Reynolds Welding Supply property) Mr. Locke presented the staff report and a summary of the findings of the Phase I and Phase II Environmental Site Assessment (ESA) prepared by AMEC Geomatrix. He then introduced Mr. Chris Thompson with AMEC Geomatrix and Sarah Sonsalla, outside counsel with Kennedy and Graven. Mr. Hunt stated that if there is Council consensus to move forward with the purchase of the property, staff will work with Mr. Thompson to enter the subject property into the MPCA’s Voluntary Investigation and Clean-up Program (VIC) prior to purchase. He added staff would also work with the property owner to obtain a Certificate of Property Maintenance and then schedule a closing date toward the end of the year. Mr. Thompson explained that the VIC program along with the Land Recycling Act provide the statutory liability protection for a voluntary purchaser of property. He stated that they have performed the Phase I and Phase II Environmental Site Assessments (ESAs) and while the MPCA staff has not yet seen the ESAs, the City has been thorough in looking for identified releases, i.e., chemicals or metals in the soil in order to obtain a No Association determination to the identified releases. He stated that it is not a matter of being approved into the VIC program, but rather, the City applies to the VIC program for their technical assistance, they review the Phase I and Phase II reports, and the City provides VIC staff with a history of the property, noting potential chemicals affecting the site, noting identified releases, and noting the chemicals identified in the soil. He indicated that if the City requests the MPCA’s technical assistance and agrees with the contents of the reports, the City will get the No Association determination because it did not previously own the property. He further explained that there are volatile organic compounds (VOCs) at this site that are likely derived from use of the site. He indicated that there have been multiple uses of this site that likely used chlorinated solvents; the concentrations in the soil and groundwater are not suggestive of significant impacts at the site. He stated that there have also been impacts in the groundwater that are likely due to other sites away from this property, including the National Lead and Reilly Tar sites. He advised that in AMEC’s opinion, this is not suggestive of a source on this site, even though it has been acknowledged that there was a machine shop on this site at one time. He stated that the plan is to obtain MPCA buy-in, prior to closing, that all appropriate inquiry on this site has been performed and that the City has identified those chemicals of concern. City Council Meeting of November 15, 2010 (Item No. 3b) Page 2 Subject: Special Study Session Minutes November 1, 2010 Mayor Pro Tem Sanger asked what would happen if another contaminant is identified after the closing that is not one of the contaminants identified up to now in the process. Mr. Thompson stated that there is no reason to believe that anyone will be looking for additional contaminants and if there are other contaminants identified that are due to someone else’s operation, e.g., across the street, then those contaminants would be someone else’s responsibility. Ms. Sonsalla advised that if additional contaminants are found on the site, there could be clean- up costs attributable to the City. She indicated that there could also be natural resource damage if it is found that the property was causing damage to other sites, resulting in liability. She explained that by going through the VIC program, under the statute the City would not be responsible in the future for any natural resource damage to other sites. Councilmember Santa requested confirmation that there would be no liability on the part of the City even if contaminants were not found until after the purchase of the property. Ms. Sonsalla confirmed that this was correct. Mr. Thompson stated that from a legal standpoint, the most important component is meeting the “all appropriate inquiry” standard and ensuring that the City conducted all due diligence for the site, including history, ownership, title to the property, and whether there are environmental needs on the site. He added that this all appropriate inquiry was conducted during Phase I and provides the City with protection as an innocent landowner. Ms. Sonsalla added that even if the City did not enter the VIC program, the City still qualifies as an innocent landowner under the statute. Councilmember Mavity asked if this transaction represents standard procedure for the City. Mr. Hunt replied in the affirmative, adding that the City underwent a similar procedure for the American Inn and Dworsky properties. Mayor Pro Tem Sanger expressed concern that in the past, the City thought it had conducted all appropriate inquiries for a property and identified all contaminants, and it turned out that additional contaminants were identified and a lawsuit followed. She asked what kind of protection the City has for avoiding this occurrence. Ms. Sonsalla replied that the City’s protection lies in entering the VIC program and in obtaining the No Association determination. She added that a lawsuit would determine who is responsible for clean-up of a site. Councilmember Finkelstein requested that the closing be contingent on the City enrolling in the VIC program and that the closing be contingent on the City’s receipt of the No Association letter. He also requested that the City obtain an opinion letter from outside counsel stating that all due diligence has been conducted for this transaction and that the City can proceed with the purchase of the property. Ms. Sonsalla was amenable to preparing an opinion letter for the City stating that under the statute, if the City obtains the No Association determination, the City is protected from liability; the opinion letter would also state that if the City is unable to obtain the No Association determination, the City would still qualify as an innocent landowner pursuant to the statute. City Council Meeting of November 15, 2010 (Item No. 3b) Page 3 Subject: Special Study Session Minutes November 1, 2010 Mr. Thompson stated that staff would have to clarify whether the City must first obtain ownership of the property before receiving the No Association letter. He added that as a voluntary purchaser of the property and assuming the City did not operate on it at any time prior to purchase, the City will get the No Association letter. Mayor Pro Tem Sanger asked who would be responsible for the cost of any clean-up. Mr. Thompson explained that the No Association letter means that the City is not liable for the cost of any clean-up, but the City is still responsible for dealing with impacts on the site; in other words, the No Association letter breaks the chain of liability from past owners to the City under the Land Recycling Act. Mr. Locke stated that by the City purchasing this property, the City does not take on any liability for the contamination; if something is a real threat, the MPCA would look to the former owner for remediation. He indicated that the City will have to deal with it at some point and that is laid out in the VIC program; in this case, at the point that the property is reused, clean-up of any contamination on the site would occur and there are a number of ways to get that done, including environmental grant programs and tax increment dollars. He added that the City takes responsibility for the site, but is not on the hook for the costs of clean-up. Mayor Pro Tem Sanger questioned the economic benefit to the City of purchasing the property. Mr. Hunt stated that the purchase price for the site is $260,000 and short term costs identified to demolish the building are approximately $65,000. He stated that the clean-up costs are estimated at $262,000 and the City would seek grant assistance for the long-term clean-up costs. He added that the County could likely fund these costs. He noted that it is proposed that the site be acquired for blight removal purposes and stormwater retention related to the developments north of the site. Mr. Locke explained that by purchasing this property, the City would remove the old building without having to deal with the environmental issues, thus improving the appearance of the site by removing the blight. He added that the City has an opportunity to purchase the property at a reasonable price and could resell it at a later date. Councilmember Santa stated her belief that it makes sense for the City to take control of this property because the entire area is tired and is challenged with poor soils and questionable groundwater. She stated it makes sense for the City to step forward no matter what happens in this area in the future. Councilmember Mavity agreed with Councilmember Santa and stated she did not want to see the suggested conditions to closing become an obstacle to the City’s purchase. She added that in the past, the City has done a good job as it relates to environmental concerns and the City should proceed with the purchase of this site. Councilmember Omodt agreed with Councilmembers Mavity and Santa. He added that if the City can take control of the property and clean it up to City standards, the City should clean it up sooner rather than later. City Council Meeting of November 15, 2010 (Item No. 3b) Page 4 Subject: Special Study Session Minutes November 1, 2010 It was the consensus of the majority of the City Council to direct staff to proceed with the acquisition of 7015 Walker Street. The meeting adjourned at 7:16 p.m. Written Reports provided and documented for recording purposes only: 2. Hwy 7/Wooddale Project Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem Meeting Date: November 15, 2010 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Amendment to the On-sale Intoxicating and Sunday Sales Liquor License for Rojo. RECOMMENDED ACTION: Motion to approve premises amendment to the on-sale intoxicating and Sunday sales liquor license for Rojo West End LLC doing business as Rojo Mexican Grill located at 1602 West End Boulevard. POLICY CONSIDERATION: Does the Council wish to approve the premises amendment for the liquor license at Rojo? BACKGROUND: Rojo located at 1602 West End Boulevard has made an application to the City of St. Louis Park for an amendment to expand their current on-sale intoxicating liquor license premises. The expansion of the licensed premises for Rojo would encompass the premises of Sauce Pizza & Wine which closed on October 31, 2010. The final licensed premises of Rojo Mexican Grill would consist of 9,065 square feet of interior space, with seating available for 308 persons, and a combined exterior patio space with seating for 116 persons. Mr. Adam Lehr, the former manager at Sauce, will be the on-site manager for Rojo Mexican Grill. City Ordinance Section 3-68 (a) states each liquor license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license. City Ordinance Section 3-106 states proposed enlargement or substantial alteration which changes the character of the licensed establishment or extension of a premise previously licensed shall not be allowed unless the city council approves an amendment to the liquor license. Should Council approve the premises amendment to Rojo’s liquor license, no liquor will actually be served in the amended premises new area until all required compliance is met with the City Inspections Department. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: November 15, 2010 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Public Hearing Study Session Discussion Item Written Report Other: TITLE: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District. RECOMMENDED ACTION: Motion to adopt a resolution calling for a public hearing by the City Council on December 20, 2010 relative to the proposed Hardcoat Tax Increment Financing District within Redevelopment Project No. 1 (an Economic Development District). POLICY CONSIDERATION: Does the City Council wish to hold a public hearing to consider the establishment of an Economic Development Tax Increment Financing District to facilitate Hardcoat Inc.’s proposed renovation of the former Flame Metals property? BACKGROUND: Hardcoat Incorporated (located at 7300 W. Lake Street) wishes to acquire the former Flame Metals property located across the street to the south at 7317 W. Lake Street. The company plans to renovate the building and site, and relocate its operations there. The existing industrial building is approximately 33,600 square feet and was constructed in 1963. Both the interior and exterior had numerous building code deficiencies. Following Flame Metals’ departure in 2009, the building’s interior has been emptied, thoroughly cleaned, repainted, and many (but not all) code deficiencies have been addressed. Nearly all the building’s operating systems have been removed. The proposed project includes a complete renovation of both the interior and exterior of the building as well as a small addition. Renovation will include a new roof, new exterior facelift, new windows and dock doors, new offices and interior spaces, new electrical and plumbing systems, new energy efficient HVAC equipment, new parking lot and landscaping, rain gardens and site amenities, as well as the construction of a 1,500 SF addition for office/conference space on the north side of the building. Once the renovation is complete, Hardcoat will initially occupy approximately 25,000 square feet of the building. The balance will be leased to a complementary business and provide Hardcoat with future expansion capacity. The total cost to renovate the building and grounds is estimated at $1.4 million. Of this amount, Hardcoat has applied for up to $420,000 in Construction Assistance: which equals approximately 33% of total renovation costs. This is the maximum percentage for which businesses may apply under the CAP. This amount could be reduced based upon more refinements to Hardcoat’s cost estimates and whatever cost savings the company receives through Xcel Energy’s Energy Design Assistance program to which it recently applied. As per the CAP Policy, the above is exclusive of soft costs, permits, furnishings, the cost to physically relocate the business, the cost to reinstall existing equipment or the cost of new equipment. When one adds the cost of the property ($1,050,000), the hard costs related to the building renovation ($1,400,000), the cost of new equipment ($500,000), as well as soft costs and permits estimated at ($136,500), the entire project will total nearly $3.1 million. City Council Meeting of November 15, 2010 (Item No. 4b) Page 2 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District Structure of CAP Funds Funds would be provided to Hardcoat on a reimbursement basis upon prove-up that qualified construction costs were incurred. The reimbursement would be structured as a forgivable loan through a mortgage. Provided the building is held and properly maintained by Hardcoat for 5 years after project completion, the entirety of the loan would be forgiven. If the property is sold within 5 years of project completion, the entirety of the loan must be repaid in full along with 6% accrued interest from the date funding was provided. Proposed Funding Sources As allowed by recent legislation, the source of the CAP funds is tax increment generated by nine of the City’s TIF districts. These funds would be disbursed from the Development Fund. Given the size of Hardcoat’s CAP request, creation of an Economic Development TIF District is proposed to reimburse a portion of the CAP funding. The proposed financial assistance meets the requirements necessary to create an Economic Development TIF District. Those requirements include: (1) encouraging a manufacturer to remain in the state; (2) increasing employment; and (3) enhancing the tax base. Hardcoat’s project would qualify as an Economic Development TIF District. Such a TIF district would generate approximately $190,000 over the life of the district (the maximum term of Economic Development TIF Districts is 9 years). These funds would then be used to partially reimburse the Development Fund for the funds provided to Hardcoat. Request for TIF Assistance At the November 8th Study Session the EDA/Council reviewed the CAP application from Hardcoat which was favorably received. As a result, staff was directed to begin drafting a formal Redevelopment Contract with Hardcoat and to call for a public hearing on the proposed Economic Development TIF district. Call for Public Hearing The CAP and TIF programs are run by the EDA. However in order to create a TIF district, city councils are statutorily required to hold a public hearing. The EDA has officially requested the City Council to set a date and hold a public hearing for the Hardcoat project. Calling for the public hearing is the first step in the formal creation of the Hardcoat Tax Increment Financing District. The public hearing is scheduled to be held on December 20, 2010. FINANCIAL OR BUDGET CONSIDERATION: Setting a hearing date for the Hardcoat TIF District does not, in itself, authorize or commit the EDA/City to any level of TIF assistance for the proposed project. Procedurally it simply enables the City to hold a public hearing to consider the creation of the new TIF district. The EDA will have the opportunity to consider the precise amount of financial assistance along with other terms when a redevelopment contract with the Redeveloper is presented. Such a contract is likely to be submitted to the EDA prior to the end of the year. FINANCIAL OR BUDGET CONSIDERATION: To stimulate private construction activity within the city it is proposed that the EDA consider providing Hardcoat up to $420,000 through the Construction Assistance Program to renovate the former Flame Metals property. Such funds would be provided on a reimbursement basis for qualified costs incurred and structured as a forgivable loan from tax increment generated by the City’s various TIF districts. It is also proposed that the EDA consider creating an Economic Development TIF District in conjunction with this project so as to allow the EDA to reimburse itself approximately $190,000 of the above assistance over the 9-year life of the district. City Council Meeting of November 15, 2010 (Item No. 4b) Page 3 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District VISION CONSIDERATION: The Construction Assistance Program is consistent with elements of Vision St. Louis Park as it facilitates and promotes environmental stewardship and green development. Attachments: Resolution TIF Schedule Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager City Council Meeting of November 15, 2010 (Item No. 4b) Page 4 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District CITY OF ST. LOUIS PARK RESOLUTION NO. 10-____ RESOLUTION CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, ESTABLISHMENT OF THE HARDCOAT TAX INCREMENT FINANCING DISTRICT, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on December 20, 2010, at approximately 7:30 P.M., to hold a public hearing on a proposed modification to the Redevelopment Plan for Redevelopment Project No. 1 (the “Modification”), the proposed establishment of the Hardcoat Tax Increment Financing District (an economic development district) (the “TIF District”), and the proposed adoption of a Tax Increment Financing Plan for the TIF District (the “TIF Plan”), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, as amended. Section 2. Notice of Public Hearing, Filing of Plans. City staff and consultants are directed and authorized to prepare the Modification and TIF Plan and to forward such documents to the appropriate taxing jurisdictions, including Hennepin County and Independent School District No. 283. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not less than 10, nor more than 30, days prior to December 20, 2010, and to place a copy of the Modification and TIF Plan on file in the City Clerk’s office at City Hall and to make such copy available for inspection by the public. Reviewed for Administration Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 15, 2010 (Item No. 4b) Page 5 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District SCHEDULE OF EVENTS ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE HARDCOAT TAX INCREMENT FINANCING DISTRICT (an economic development district established under the 2010 Laws of Minnesota, Chapter 216, H.F. No. 2695, Section 31) November 8, 2010 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers. November 15, 2010 EDA requests that the City Council call for a public hearing. November 15, 2010 City Council calls for a public hearing. November 17, 2010 Ehlers confirms with the City whether building permits have been issued on the property to be included in the TIF District. NA County receives TIF Plan for review for County Road impacts (at least 45 days prior to public hearing). *The County Board, by law, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Because the City staff believes that the proposed tax increment financing district will not require unplanned county road improvements, the TIF Plan will not be forwarded to the County Board 45 days prior to the public hearing. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing November 19, 2010 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax and mail on or before November 19, 2010] November 22, 2010 Ehlers conducts internal review of the Plans. December 9, 2010 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Ehlers will submit notice & map to the St. Louis Park Sun Sailor on or before December 2, 2010 at sunlegals@acnpapers.com] December 15, 2010 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Plans. City Council Meeting of November 15, 2010 (Item No. 4b) Page 6 Subject: Call for Public Hearing - Establishment of the Hardcoat Tax Increment Financing District SCHEDULE OF EVENTS – PAGE 2 ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE HARDCOAT TAX INCREMENT FINANCING DISTRICT (an economic development district established under the 2010 Laws of Minnesota, Chapter 216, H.F. No. 2695, Section 31) December 20, 2010 EDA adopts a resolution approving the Plans. December 20, 2010 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1, the establishment of the Hardcoat Economic Dvelopment Tax Increment Financing District and passes resolution approving the Plans. [Ehlers will email Council packet information to the City on December 13, 2010] December 21, 2010 City can issue building permits. __________, 2010 City authorizes Ehlers to request certification of the TIF District. Before June 30, 2011 Ehlers requests certification of the TIF District from the state and county. Before July 1, 2011 Construction of project begins. An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be commenced within the later of: (1) 180 days after the municipality’s approval under section 469.175, subdivision 3; or (2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision1. Meeting Date: November 15, 2010 Agenda Item #: 4c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment - Water Service Line Repair at 9375 Cedar Lake Road. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 9375 Cedar Lake Road, St. Louis Park, MN 55416 - P.I.D. 07-117-21-32-0007. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Frank Conati, owner of the single family residence at 9375 Cedar Lake Road, St. Louis Park, has requested the City to authorize the repair of the water service line for his home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $6,500.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4c) Page 2 Subject: Special Assessment – Water Service Line Repair at 9375 Cedar Lake Road RESOLUTION NO. 10-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 9375 CEDAR LAKE ROAD, ST. LOUIS PARK, MN P.I.D. 07-117-21-32-0007 WHEREAS, the Property Owner at 9375 Cedar Lake Road, St. Louis Park, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 9375 Cedar Lake Road; and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $6,500.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 15, 2010 Agenda Item #: 4d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment - Water Service Line Repair at 3245 Sumter Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 3245 Sumter Avenue South, St. Louis Park, MN – P.I.D. 17-117-21-23-0032. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Terrence and Constance Nesbitt, owners of the single family residence at 3245 Sumter Avenue South, St. Louis Park, have requested the City to authorize the repair of the water service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $6,675.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4d) Page 2 Subject: Special Assessment – Water Service Line Repair at 3245 Sumter Avenue South RESOLUTION NO. 10-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 3245 SUMTER AVENUE SOUTH, ST. LOUIS PARK, MN P.I.D. 17-117-21-23-0032 WHEREAS, the Property Owners at 3245 Sumter Avenue South, St. Louis Park, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 3245 Sumter Avenue South, and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $6,675.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 15, 2010 City Council Agenda Item #: 4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Traffic Study Number 621: Authorize the Installation of Parking Restrictions at 6300 Walker Street (Park Spanish Immersion School). RECOMMENDED COUNCIL ACTION: Motion to adopt Resolution rescinding prior parking restrictions and authorizing parking restrictions at 6300 Walker Street. POLICY CONSIDERATION: Does the City Council wish to authorize the installation of the parking restrictions as noted in this staff report? The proposed action is consistent with City policy. BACKGROUND: The City received a request from staff at the Park Spanish Immersion School to restrict parking along both sides of the North Frontage Road of Trunk Highway 7 and the east side of Dakota Avenue from the frontage road to the end of the dead end (see attachment). Currently, there are parking restrictions along the south side of the frontage road and on either side of the driveways near the front of the school. School staff are requesting the change because construction of the Wooddale Avenue Bridge temporarily restricted the use of the frontage road by parents, who now drop off children in the parking lot behind the school. School staff think that it would be safer to continue having parents drop children off in the parking lot, and would like parking on the frontage road restricted. City staff met with school staff and reviewed this request. The existing restrictions were put into place in 2004 at the request of the school district. City staff finds this request reasonable, and is therefore recommending Council approve the attached resolutions rescinding the existing resolution regulating parking and authorizing the installation of parking restrictions along both sides of the frontage road and on the east side of Dakota Avenue, as requested by school staff. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will come out of the general operating budget. VISION CONSIDERATION: None. Attachments: Resolution Map Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Mark Hanson for Michael Rardin, Director of Public Works Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4e) Page 2 Subject: Traffic Study Number 621: Authorize the Installation of Parking Restrictions at 6300 Walker Street RESOLUTION NO. 10-_____ RESOLUTION RESCINDING RES. NO. 04-039 AND AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTIONS ON BOTH SIDES OF THE NORTH FRONTAGE ROAD OF TRUNK HIGHWAY 7 FROM WOODDALE AVENUE TO DAKOTA AVENUE, AND ON THE EAST SIDE OF DAKOTA AVENUE FROM THE NORTH FRONTAGE ROAD OF HIGHWAY 7 TO THE DEAD END TO THE NORTH TRAFFIC STUDY NO. 621 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 04-039 be rescinded. LET IT BE FURTHER RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. “No Parking” along both sides of the North Frontage Road of Highway 7 from Wooddale Avenue to Dakota Avenue. 2. “No Parking” on the east side of Dakota Avenue from the North Frontage Road of Highway 7 to the dead end to the north. Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk W o o d d a l e A v e n u e North Frontage Road of Highway 7Dakota AvenueTraffic Study No. 621: Parking Restrictions at Park Spanish Immersion School Existing "No Parking" Restrictions Proposed "No Parking" Restrictions City Council Meeting of November 15, 2010 (Item No. 4e) Subject: Traffic Study No. 621: Authorize the Instation of Parking Restrictions at 6300 Walker Street Page 3 Meeting Date: November 15, 2010 City Council Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Traffic Study Number 622: Authorize the Installation of Parking Restrictions at 4801 41st Street West (Susan Lindgren School). RECOMMENDED COUNCIL ACTION: Motion to adopt resolution rescinding prior parking restrictions and authorizing parking restrictions at 4801 41st Street West. POLICY CONSIDERATION: Does the City Council wish to authorize the installation of the parking restrictions as noted in this staff report? The proposed action is consistent with City policy. BACKGROUND: The City received a request from staff at Susan Lindgren School to modify the existing bus parking area on 41st Street West. Currently, the bus parking area extends the length of the school. Due to changes in how the buses drop off and pick up children, school staff has requested the bus parking area be reduced, allowing just enough space for one bus to park. The rest of the area will change to be unrestricted parking. The request does not change any “No Parking” or “Permit Parking Only” areas. City staff met with school staff and reviewed this request. City staff finds this request reasonable, and is therefore recommending Council approve the attached resolutions rescinding the existing resolution regulating parking and authorizing the installation of bus parking restrictions along the south side of 41st Street West, as requested by school staff. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will come out of the general operating budget. VISION CONSIDERATION: None. Attachments: Resolution Map Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Mark Hanson for Michael Rardin, Director of Public Works Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4f) Page 2 Subject: Traffic Study Number 622: Authorize Installation of Parking Restrictions at 4801 41st Street W RESOLUTION NO. 10-_____ RESOLUTION RESCINDING RES. NO. 90-79 AND AUTHORIZING INSTALLATION OF PARKING RESTRICTIONS ALONG 41ST STREET WEST BETWEEN NATCHEZ AND QUENTIN AVENUES TRAFFIC STUDY NO. 622 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 90-79 be rescinded. LET IT BE FURTHER RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. Along the north side of 41st Street West between Quentin and Natchez Avenues: a. Parking by permit only Monday through Friday EXCEPT 8:30 a.m. to 12:30 p.m. and 3:00 p.m. to 4:00 p.m. 2. Along the south side of 41st Street West between Quentin and Natchez Avenues: a. Along 4841 and 4829 – Parking by permit only Monday through Friday EXCEPT 8:30 a.m. to 12:30 p.m. and 3:00 p.m. to 4:00 p.m. b. Along Susan Lindgren School Property: i. “No Parking” along the westerly 215 feet. ii. “Bus Parking Only” from 215 feet east of the west property line to a point 90 feet to the east. Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk Traffic Study No. 622: Parking Restrictions at Susan Lindgren School Existing "No Parking" Restrictions Existing "Permit Parking Only" Restrictions Proposed "Bus Parking Only" Restrictions41st Street West City Council Meeting of November 15, 2010 (Item No. 4f) Subject: Traffic Study No. 622: Authorize Installation of Parking Restrictions at 4801 41st Street W Page 3 Meeting Date: November 15, 2010 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Change Order No. 2 to Contract No. 99-09, 36th Street Streetscape Project – Project 2008-2600. RECOMMENDED ACTION: Motion to Approve Change Order No. 2 to Contract No. 99-09, 36th Street Streetscape Project – Project 2008-2600. POLICY CONSIDERATION: Does the City Council have any questions related to this Change Order? BACKGROUND: On August 17, 2009, the City Council awarded a contract in the amount of $614,316.30 to Thomas and Sons Construction for the 36th Street Streetscape Project – Project No. 2008-2600. Change Order No. 1, which provided for additional concrete sidewalk and curb and gutter replacement work in the amount of $65,797.70, was subsequently approved by Council on September 8, 2009. Change Order No. 2 amounting to $35,482.92 includes several items necessary to substantially complete the project. These include adjustments and modifications to retaining walls, sanitary sewer, signal loop detectors, and lighting. Additional quantities of excavation and replacement of material with structural soils were also determined to be necessary in planting bed and landscaping areas. The majority of this project is being funded through a Livable Communities Development Account Grant by the Metropolitan Council. This grant was attained several years ago as part of the Hoigaard Village area redevelopment project. The 36th Street Streetscape Project and 36th Street Bridge Enhancement Projects were subsequently determined to be feasible with the grant funds remaining. All available Livable Communities grant monies must be expended by the end of this calendar year or the City will relinquish any remaining amounts. It is estimated that 50 percent of the Change Order No. 2 costs are covered under the grant. Other costs will be funded under Elmwood TIF monies consistent with other contract expenditures under this contract. It is therefore recommended that Change Order No. 2 in the amount of $35,482.92 be authorized. FINANCIAL OR BUDGET CONSIDERATION: Estimated Contract Cost The work to be performed by the Contractor under Contract 99-09 is now estimated as follows: Original Contract $614,316.30 Change Order No. 1 $65,797.70 Change Order No. 2 $35,482.92 Total $ 715,596.92 City Council Meeting of November 15, 2010 (Item No. 4g) Page 2 Subject: Change Order No. 2 to Contract 099-09 – 36th Street Streetscape Project - Project No. 2008-2600 Contract Terms All other terms of the Contract will remain the same. Funding Sources The revised total amount of $715,596.92 for the 36th Street Streetscape Project combined with the contract cost of the 36th Street Bridge Enhancement Project ($181,965.77) is $897,562.69. This amount, combined with engineering and administrative costs still falls well within the original budgeted estimates for both projects as follows: VISION CONSIDERATION: Not Applicable Attachment: Change Order No. 2 Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Meg McMonigal, Planning/Zoning Supervisor Approved by: Tom Harmening, City Manager Livable Communities Grant $832,000 Elmwood TIF $560,500 Total Available $ 1,392,500 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416-2290 Phone: 952-924-2500 Fax: 952-924-2663 Contract No.: Change Order No.: 2 Date:September 16, 2010 Project Name: West 36th Street Streetscape Project Location: West 36th Street between Wooddale Avenue and Highway 100 Contractor: Thomas and Sons Construction 13925 Northdale Boulevard Rogers, MN Phone No.763-428-2229 Type of Work: Additional work including re-locate flag pole, common excavation for 12” planter soil, sidewalks and parking bays, structural soil for street trees, sanitary sewer repair, additional railing, replace loop detectors at Wooddale Ave., modify electrical cabinet for lighting, reconstruct a portion of the B2B Segway patio, upgraded irrigation enclosure, patching stucco adjacent to modular block walls and one additional bike rack adjacent to Hoigaard Village. Amount of Original Contract: $614,316.30 Description of Work to be Increased: Unit Contract Revised by CO Contract Item Unit Price Quantity Amount Quantity Amount Re-locate Flag Pole Each $750.00 0 $0.00 1 $750.00 Common Excavation Cu. Yd. $19.60 0 $0.00 593 $11,622.90 Structural Soil Ton $96.00 0 $0.00 63.26 $6,072.96 Sanitary Sewer Repair Lump Sum $1,203.26 0 $0.00 1 $1,203.26 Oliver Press Stairwell Railing Lump Sum $2,593.75 0 $0.00 1 $2,593.75 Install Loop Detectors Lump Sum $2,563.00 0 $0.00 1 $2,563.00 Modify Lighting Cabinet Lump Sum $550.00 0 $0.00 1 $550.00 B2B Segway Patio Work Lump Sum $5,500.00 0 $0.00 1 $5,500.00 Irrigation Enclosure Upgrade Lump Sum $547.53 0 $0.00 1 $547.53 Stucco Repair Lump Sum $3,566.20 0 $0.00 1 $3,566.20 Dero Bike Rack Each $513.32 0 $0.00 1 $513.32 Total Revised Quantity $35,482.92 Total Change Order No. 2 Amount: $35,482.92 Original Contract Price: $ 614,316.30 Previous Change Orders $65,797.70 Total Funds Encumbered with all Change Orders: $ 715,596.92 City Council Meeting of November 15, 2010 (Item No. 4g) Subject: Change Order No. 2 to Contract 099-09 - 36th Street Streetscape Project - Project No. 2008-2600 Page 3 City Council Meeting of November 15, 2010 (Item No. 4g) Subject: Change Order No. 2 to Contract 099-09 - 36th Street Streetscape Project - Project No. 2008-2600 Page 4 Meeting Date: November 15, 2010 Agenda Item #: 4h Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Appointment to Southwest Corridor Management Committee (SWCMC). RECOMMENDED ACTION: Motion to appoint Mayor Jeff Jacobs to serve as the St. Louis Park representative on the Southwest Corridor Management Committee. POLICY CONSIDERATION: Who would the City Council desire to have sit as the City’s representative on the Southwest Corridor Management Committee? BACKGROUND: Metropolitan Council Chair Peter Bell has asked the Mayor to serve on the Southwest Corridor Management Committee (SWCMC) representing the City of St. Louis Park (see attached letter). The Committee will be the key policy advisory committee throughout the SWLRT project implementation. The preliminary design process for the project is expected to begin in early 2011 and the SWCMC is now being formed. The creation and structure of a corridor management committee is called for in state statute. The committee will include representation from all the cities in the SWLRT corridor, two Hennepin County Commissioners and the Metropolitan Council Chair among others. The anticipated complete make up of the committee is shown in the attached organization chart and proposed membership list. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Participation in the SWCMC and participation in the SWLRT project is consistent with the City’s vision of being a community that offers a variety of transportation modes that is connected and engaged. Attachments: October 8, 2010 Letter to Mayor Jeff Jacobs Organizational Chart SWLRT Corridor Management Committee Suggested Membership Prepared by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4h) Subject: Appointment to Southwest Corridor Management Committee (SWCMC) Page 2 Southwest Corridor Management Committee - SWCMCBusiness Advisory Committee - BACSouthwest Project Office SWPOCommunity Advisory Committee - CACCommunications Land Use AdvisoryProject AdvisoryRisk ManagementSteering Committee -CSCLand Use Advisory Committee - LUACProject Advisory Committee - PACRisk Management Advisory Committee -RMACCity Council Meeting of November 15, 2010 (Item No. 4h) Subject: Appointment to Southwest Corridor Management Committee (SWCMC) Page 3 Southwest LRT Corridor Management Committee Suggested Membership• Metropolitan Council Member (Chair)• Hennepin County Commissioner• City of Minnetonka • City of Eden Prairie• Hennepin County Commissioner• Metro Transit General Manager• City of Edina• Commissioner of Transportation• City of Minneapolis• City of St. Louis Park•City of Hopkins• Commissioner of MN Management and Budget• Community Advisory Committee•City of Hopkins• Business Advisory CommitteeCity Council Meeting of November 15, 2010 (Item No. 4h) Subject: Appointment to Southwest Corridor Management Committee (SWCMC) Page 4 Meeting Date: November 15, 2010 Agenda Item #: 4i Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land. RECOMMENDED ACTION: Motion to purchase vacant MnDOT land and approve the purchase agreement for re-conveyance of said vacant MnDOT land to Namakan Properties, LLC. POLICY CONSIDERATION: Does the City Council wish to facilitate the conveyance of excess vacant MnDOT land to Namakan Properties, LLC, owner of private property at 8225 State Highway 7? DESCRIPTION OF REQUEST: The parcel owned by Namakan Properties is located on the southeast quadrant of State Highway 7 and Blake Road. The property is improved with a small retail building that is currently occupied with Carpet King and The Little Gym. The building also has a vacant tenant space that cannot be leased due to insufficient parking. There is a considerable amount of excess MnDOT right-of-way adjacent to the mall, and Namakan Properties would like to purchase some of the land to expand the parking lot, which would enable them to lease the remaining tenant space. Process for Re-conveyance of MnDOT Land: State law requires the sale of MnDOT land to be conveyed through the city. The process is for MnDOT to sell the land to the city, and the city would sell it to Namakan Properties. The transactions are set up to be simultaneous, so the city would own the land for only a moment. All costs associated with the sale of the land would be paid by Namakan, including city staff time. City Council approval is required to sell the land. Therefore, the City Attorney prepared the attached purchase agreement between the city and Namakan Properties for the City Council to consider. The agreement includes an indemnification clause holding the city harmless in the event expenses are incurred by the buyer resulting from the condition of the property. Approval of the agreement would authorize staff to sell the land to Namakan Properties, and it would require Namakan Properties to pay all expenses associated with the transaction. The purchase price of the MnDOT land is $44,500. An additional $1,000 would be paid by Namakan Properties to cover city expenses. BACKGROUND: MnDOT Review: Namakan Properties first expressed an interest in the MnDOT land early in 2009. At the time, MnDOT was beginning a reconstruction of the Highway 7/Blake Road intersection, so the request was deferred until the improvements were completed (October of 2009). At the conclusion of the project, MnDOT determined there was excess land that could be sold, and the process was initiated. MnDOT determined it only needed approximately 15 feet from the edge of Blake Road and the Highway 7 frontage road, and was willing to convey the remaining land. City Council Meeting of November 15, 2010 (Item No. 4i) Page 2 Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land City Review: Staff reviewed the proposal and determined that more than 15 feet of right-of-way between the Namakan Property and Blake Road should be preserved. While the MnDOT improvements alleviated some visibility and safety issues at the Highway 7/Blake Road intersection; the intersection is still congested. Therefore, it is reasonable to assume that additional intersection improvements will be needed in the future. In addition to the potential for future intersection improvements, the city also owns a monument sign in the right-of-way MnDOT determined to be excess, and that land should not be sold. Staff recommended that a significant portion of the right-of-way be kept at the intersection, and that the remaining right-of-way adjacent to the new cul-de-sac be vacated. (See Exhibit) This gives the city and MnDOT sufficient space for future intersection improvements, it keeps the city monument in the public right-of-way, and the right-of-way proposed to be vacated is sufficient in size to give Namakan Properties the number of parking spaces needed to lease the remaining tenant space in the mall. The recommendation was accepted by MnDOT and Namakan Properties. FINANCIAL OR BUDGET CONSIDERATION: The re-conveyance of MnDOT land would place more land in the private sector, and increase the city tax base at no cost to the city. VISION CONSIDERATION: Not Applicable Attachments: Site Map Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4i) Page 3 Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land SITE MAP 153215v2 1 PURCHASE AGREEMENT This Agreement made and entered into this __ day of , 2010, by and between the City of St. Louis Park, ("Seller") and Namakan Properties, LLC ("Buyer"). Whereas, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration in hand paid by Buyer to the Seller as more fully set forth below, the receipt and sufficiency of which is hereby acknowledged by the Seller, it is hereby agreed as follows: 1. Sale of Property. Seller agrees to execute and deliver to Buyer a quit claim deed to that certain tract or parcel of land located in the County of Hennepin, State of Minnesota (hereinafter collectively called the "Subject Property") as legally described on Exhibit "A" attached hereto. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid by Buyer to the Seller in exchange for the quit claim deed shall be Forty-four Thousand Five Hundred and 00/100s Dollars ($44,500.00) payable in cash or certified funds at closing. In addition to the purchase price, Buyer shall reimburse Seller’s attorney fees and closing costs incurred in connection with this transaction, but in no event shall such reimbursement exceed $1,000.00. Purchase money shall be held in escrow for the Buyer’s benefit pending Seller’s confirmation of funds, whereupon Seller shall acquire the Subject Property from the State of Minnesota, Department of Transportation (MnDOT). Upon Seller’s acquisition of the Subject Property from MnDOT and Seller’s tender of the quit claim deed to Buyer, Buyer shall not under any circumstances be entitled to a return of the Purchase Price. 3. DATE AND PLACE OF CLOSING. The date for the closing of the sale shall be on or before August 13, 2010, or on such other date as the parties mutually agree at a location on which the parties can mutually agree. Possession will be delivered at closing. Upon receipt of the quit claim deed from the State of Minnesota, the Seller shall execute and deliver to Buyer a quit claim deed to the Subject Property, a copy of which is attached hereto as Exhibit “B”. 4. SELLER MAKES NO REPRESENTATIONS AND WARRANTIES. Seller is acting solely as a conduit for the conveyance of the Subject Property by quit claim deed between MnDOT and Buyer and makes no representation as to the physical condition of or title to the Subject Property. 5. ACKNOWLEDGMENTS OF BUYER. The Buyer acknowledges that it has been granted access to the Subject Property, has inspected the Subject Property to the extent deemed necessary and desirable and by consummating the transaction hereby contemplated Buyer shall be deemed to be satisfied with the condition thereof. Buyer agrees and represents that Buyer is purchasing the Subject Property and will accept the Subject Property “as-is” as existed at the time of execution and delivery of this Agreement subject to reasonable wear and tear and consequences of natural hazards beyond the Seller’s control, without covenant, representations or warranties, express or implied, including without limitation, those of merchantability, habitability or fitness for a particular purpose. Buyer also acknowledges that prior to execution of this Agreement it has satisfied itself as to title to the Subject Property. City Council Meeting of November 15, 2010 (Item No. 4i) Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Page 4 153215v2 2 6. INDEMNIFICATION. Buyer will indemnify and hold Seller harmless from any expenses or damages, including reasonable attorney’s fees, that Seller incurs as a result of any claim by a third party relating to the condition of the Subject Property, including any claim pursuant to state or federal law relating to the cleanup of hazardous or other regulated substances. 7. DEED. Subject to performance by Buyer, Seller agrees to execute and deliver a quit claim deed conveying title. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. SELLER: CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager BUYER: NAMAKAN PROPERTIES, LLC By: William T. Bailey, Chief Manager City Council Meeting of November 15, 2010 (Item No. 4i) Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Page 5 153215v2 3 EXHIBIT "A" LEGAL DESCRIPTION City Council Meeting of November 15, 2010 (Item No. 4i) Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Page 6 153215v2 4 EXHIBIT “B” TO PURCHASE AGREEMENT (Reserved for Recording Data) ____________________________________________________________________________ STATE DEED TAX DUE HEREON: $______ Dated:___________________________, 2010 FOR VALUABLE CONSIDERATION, the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, Grantor, hereby conveys and quit claims to the NAMAKAN PROPERTIES, LLC, a Minnesota limited liability company, Grantee, real property in Hennepin County, Minnesota, legally described as follows: See Exhibit “A” attached hereto and made a part hereof by reference. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 4i) Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Page 7 153215v2 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _________ day of _____________________, 2010, by Jeffrey W. Jacobs and Thomas K. Harmening, respectively the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on its behalf. ___________________________________ Notary Public Tax Statements for the real property described in this instrument should be sent to: Namakan Properties, LLC 1815 West River Road Minneapolis, Minnesota 55411 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 City Council Meeting of November 15, 2010 (Item No. 4i) Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Page 8 153215v2 6 EXHIBIT "A" TO QUIT CLAIM DEED City Council Meeting of November 15, 2010 (Item No. 4i) Subject: Purchase Agreement for Re-Conveyance of Vacant MnDOT Land Page 9 Meeting Date: November 15, 2010 Agenda Item #: 4j Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period October 30, 2010 through November 5, 2010. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 1Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 840.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER 840.00 14.40PARK AND RECREATION BALANCE SH INVENTORYA-1 OUTDOOR POWER INC 14.40 31.95STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEAAA LAMBERTS LANDSCAPE PRODUCT 31.95 1,508.38GENERAL REPAIR EQUIPMENT MTCE SERVICEABM EQUIPMENT & SUPPLY INC 1,508.38 4,004.31TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICEACS FIREHOUSE SOFTWARE 4,004.31 1,269.47PARK AND RECREATION BALANCE SH INVENTORYACTION FLEET INC 1,269.47 1,494.44OPERATIONSGENERAL SUPPLIESALEX AIR APPARATUS INC 1,494.44 447.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 447.00 133.60GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 74.15PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 44.36PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 53.44ENTERPRISE G & A GENERAL SUPPLIES 47.81VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 30.63WATER UTILITY G&A OPERATIONAL SUPPLIES 30.63SEWER UTILITY G&A OPERATIONAL SUPPLIES 5.11STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 419.73 20.10-IT G & A BANK CHARGES/CREDIT CD FEESANCHOR PAPER CO 1,073.88SUPPORT SERVICES G&A OFFICE SUPPLIES 1,053.78 357.80MUNICIPAL BLDG RENTAL BUILDINGSAPPLIANCE RECYCLING CENTERS 357.80 328.08ENTERPRISE G & A GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 2 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 2Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 328.08 1,384.67PARK AND RECREATION BALANCE SH INVENTORYASPEN EQUIPMENT CO 1,384.67 2,591.68WATER UTILITY G&A OTHERAUTOMATIC SYSTEMS INC 792.70WATER UTILITY G&A EQUIPMENT MTCE SERVICE 3,384.38 58.13FINANCE G & A OFFICE SUPPLIESBANKER'S EQUIPMENT SERVICE INC 58.13 2,045.50STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESBARR ENGINEERING CO 9,221.50STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 11,267.00 97.83WATER UTILITY G&A GENERAL SUPPLIESBATTERIES PLUS 97.83 6.30WATER UTILITY G&A GENERAL CUSTOMERSBELT LINE PROPERTIES INC 6.30 65.72WATER UTILITY G&A GENERAL CUSTOMERSBLACK RIVER BLUFF PROPERTIES 65.72 10,000.00PARK AND RECREATION BALANCE SH PREPAID EXPENSESBNSF RAILWAY COMPANY 2,000.00PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 12,000.00 19.04OPERATIONSOPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC 19.04 14,234.20GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESBRAUN INTERTEC CORPORATION 14,234.20 7,754.53PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBRYAN ROCK PRODUCTS INC 7,754.53 1,130.74IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 1,130.74 208.57EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ FINANCIAL SOLUTIONS INC City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 3 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 3Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 208.57 739.94TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTCDW GOVERNMENT INC 739.94 87.02FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 87.02 10,200.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,200.00 60.12GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESCINTAS FIRST AID & SAFETY 60.12 2.74-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 21.35IT G & A EQUIPMENT MTCE SERVICE 21.26SUPPORT SERVICES G&A OFFICE SUPPLIES 2.95FACILITIES MCTE G & A BANK CHARGES/CREDIT CD FEES 79.90INSPECTIONS G & A GENERAL SUPPLIES 122.72 218.30EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSCOLLECTION SERVICES CENTER 218.30 159.95IT G & A DATACOMMUNICATIONSCOMCAST 159.95 726.24ELECTRICAL SYSTEM MTCE EQUIPMENT MTCE SERVICECUMMINS NPOWER LLC 726.24 21.38PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCUSTOM AIR DUCTS BY RICK LLC 21.38 4,623.67WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 4,623.67 652.92BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESDALCO ENTERPRISES INC 652.92 267.00ARENA MAINTENANCE EQUIPMENT MTCE SERVICEDJ ELECTRIC SERVICES INC 267.00 City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 4 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 4Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 37,538.75GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESDLR GROUP KKE 37,538.75 1,600.63SUPPORT SERVICES G&A POSTAGEDO-GOOD.BIZ INC 1,600.63 228.43REFORESTATIONLANDSCAPING MATERIALSDUNDEE NURSERY 228.43 882.04ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICEDYMANYK ELECTRIC INC 882.04 5,290.00SPEC ASSMT CONSTRUCTION OTHER CONTRACTUAL SERVICESEARTH WIZARDS INC 5,290.00 1,667.58BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESECOLAB INC 1,667.58 52.80SEWER UTILITY G&A EQUIPMENT PARTSELECTRIC PUMP INC 52.80 1,307.68ARENA MAINTENANCE EQUIPMENT PARTSELECTRICAL MECHANICAL SERVICES 1,307.68 2,505.11GENERAL REPAIR EQUIPMENT MTCE SERVICEENVIRONMENTAL EQUIPMENT & SERV 2,505.11 431.48PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 431.48 26.93HALLOWEEN PARTY GENERAL SUPPLIESFEINBERG, GREG 26.93 3,187.45GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFLOYD TOTAL SECURITY 9.65POLICE G & A OPERATIONAL SUPPLIES 3,197.10 4,090.00PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESFRIEDGES LANDSCAPING INC 4,090.00 530.00SUPPORT SERVICES TRAININGGLACKEN & ASSOCIATES 530.00 City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 5 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 5Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 927.33WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 927.33 209.48WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 209.48 600.00IT G & A COMPUTER SERVICESGREEN, HOWARD R COMPANY 600.00 8,090.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGROTH SEWER & WATER 8,090.00 1,431.91PARK AND RECREATION BALANCE SH INVENTORYH & L MESABI 1,431.91 125.00PREVENTATIVE MAINTENANCE GENERAL SUPPLIESH2O WASH SYSTEMS LLC 125.00 315.00SOCCEROTHER CONTRACTUAL SERVICESHACHEM, DRISS 315.00 45.00POLICE G & A TRAININGHARCEY, MICHAEL 45.00 5,607.17WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 5,607.17 437.30IT G & A COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 437.30 4,487.20MAINTENANCEOTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 8,487.20 3,684.00OPERATIONSTRAININGHENNEPIN TECHNICAL COLLEGE 3,684.00 209.13FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIESHOME DEPOT CREDIT SERVICES 142.74PARK MAINTENANCE G & A GENERAL SUPPLIES 180.54PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 6 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 6Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 532.41 267.19GROUNDS MTCE LANDSCAPING MATERIALSINDEPENDENT BLACK DIRT CO 267.19 1,721.09OPERATIONSGENERAL SUPPLIESINFINITY WIRELESS 1,721.09 2,159.75GENERAL BUILDING MAINTENANCE GENERAL PROFESSIONAL SERVICESINSPEC INC 2,159.75 2,421.78IT G & A TELEPHONEINTEGRA TELECOM 2,421.78 9,650.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEJOE'S SEWER SERVICE INC 9,650.00 325.00KICKBALLOTHER CONTRACTUAL SERVICESJOHNSON, SUSAN 325.00 276.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 276.92 361.93PARK AND RECREATION BALANCE SH INVENTORYKOVATCH MOBILE EQUIPMENT CORP 23.28-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 338.65 6,375.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESKRAUS-ANDERSON CONSTRUCTION CO 6,375.00 25.41WATER UTILITY G&A GENERAL CUSTOMERSKURUMBU, HENRY 25.41 4,440.65TREE REPLACEMENT TREE REPLACEMENTLAUREL TREE FARMS 4,440.65 442.02HALLOWEEN PARTY CONCESSION SUPPLIESLITIN PAPER, PACKAGING & CONVE 442.02 40,977.00IT G & A COMPUTER SERVICESLOGIS 50.00SUPPORT SERVICES G&A COMPUTER SERVICES 17,022.46TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 7 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 7Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 58,049.46 289.95PARK AND RECREATION BALANCE SH INVENTORYLOWELL'S REFINISH MASTERS 289.95 2,554.06PARK AND RECREATION BALANCE SH INVENTORYLUBRICATION TECHNOLOGIES INC 2,554.06 2,670.00WATER UTILITY G&A BUILDING MTCE SERVICEMANAGED SERVICES INC 2,670.00 215.00LIFEGUARDINGOTHER CONTRACTUAL SERVICESMARTINSON, LISA 215.00 40.00INSPECTIONS G & A TRAININGMEHA 40.00 26.59WESTWOOD G & A GENERAL SUPPLIESMENARDS 293.21HALLOWEEN PARTY GENERAL SUPPLIES 319.80 15.56WATER UTILITY G&A GENERAL CUSTOMERSMERRILL, ROB 15.56 400.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSMETRO CHIEF FIRE OFFICERS ASSN 400.00 212.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS 212.00 16,119.47REILLY BUDGET CLEANING/WASTE REMOVAL SUPPLYMETROPOLITAN COUNCIL 16,119.47 39.00INSPECTIONS G & A TRAININGMHA 39.00 6,759.39SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 386.64PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 663.96STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 7,809.99 725.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 8 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 8Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 725.00 145.24EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC 145.24 1,201.37EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,201.37 16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS 16.00 880.86SUPPORT SERVICES G&A OFFICE SUPPLIESMINUTEMAN PRESS 880.86 495.83PARK AND RECREATION BALANCE SH INVENTORYNAPA (GENUINE PARTS CO) 52.96GENERAL REPAIR GENERAL SUPPLIES 548.79 35.79BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESNEP CORP 35.79 194.80TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTOCE 194.80 137.73SUPPORT SERVICES G&A EQUIPMENT MTCE SERVICEOFFICE DEPOT 43.76ASSESSING G & A OFFICE SUPPLIES 56.58FINANCE G & A OFFICE SUPPLIES 1,101.37OFFICE EQUIP MTCE OFFICE SUPPLIES 30.12POLICE G & A OFFICE SUPPLIES 16.86POLICE G & A OPERATIONAL SUPPLIES 10.99PATROLOFFICE SUPPLIES 157.62INSPECTIONS G & A GENERAL SUPPLIES 179.18ORGANIZED REC G & A OFFICE SUPPLIES 1,734.21 1,289.08PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICESON SITE SANITATION 1,289.08 350.00HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICESPARTY UNIT 350.00 172.07PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 9 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 9Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 172.07 5,500.00COMM & MARKETING G & A POSTAGEPOSTMASTER - PERMIT #603 5,500.00 2,000.00ESCROWSPMC ESCROWPRUETER, STEVE 2,000.00 104.80IT G & A TELEPHONEQWEST 104.80 2,173.65FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC 980.30REC CENTER BUILDING GARBAGE/REFUSE SERVICE 95.55WATER UTILITY G&A GARBAGE/REFUSE SERVICE 893.80SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 4,143.30 35.27WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING 35.27SEWER UTILITY G&A POSTAGE 35.27SOLID WASTE COLLECTIONS POSTAGE 35.27STORM WATER UTILITY G&A POSTAGE 141.08 156.92WATER UTILITY G&A GENERAL CUSTOMERSRODGERS, DAVID 156.92 1,031.26PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSCHERER BROS. LUMBER CO. 1,031.26 1,008.39GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSERIGRAPHICS SIGN SYSTEMS INC 1,008.39 185.07REFORESTATION FUND OTHER CONTRACTUAL SERVICESSISLO, WILLIAM & STEPHANIE 185.07 17.50YOUTH PROGRAMS PROGRAM REVENUESLAUGHTER, NICOLE 17.50 16.80HALLOWEEN PARTY PROGRAM REVENUESNOW, KRIS 16.80 1,456.00IT G & A DATACOMMUNICATIONSSPRINT City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 10 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 10Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 1,456.00 165.04GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICESTANLEY CONVERGENT SECURITY SO 165.04 193.07PARK AND RECREATION BALANCE SH INVENTORYSTREICHER'S 193.07 472.00SOLID WASTE G&A ADVERTISINGSUN NEWSPAPERS 472.00 46.55POLICE G & A SUBSISTENCE SUPPLIESTARGET BANK 4.76SCHOOL GROUPS GENERAL SUPPLIES 51.31 54.71GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESTERMINIX INT 54.71 7,600.00REILLY BUDGET OTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC 7,600.00 448.80SEWER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDITKDA 448.80 601.81GENERAL REPAIR EQUIPMENT MTCE SERVICETRI STATE BOBCAT 601.81 4,097.87PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTWIN CITY HARDWARE 4,097.87 143.00OPERATIONSEQUIPMENT MTCE SERVICEUHL CO INC 143.00 191.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 191.00 31.06WATER UTILITY G&A TELEPHONEUSA MOBILITY WIRELESS INC 31.06 121,144.30CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC 121,144.30 City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 11 11/4/2010CITY OF ST LOUIS PARK 7:32:22R55CKSUM LOG23000VO 11Page -Council Check Summary 11/5/2010 -10/30/2010 Vendor AmountBusiness Unit Object 38.62AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESVALLEY VIEW ASSOC 38.62 1,243.86VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS 1,243.86 577.13WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR 577.13 10,653.00CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIWEBER ELECTRIC 10,653.00 12.99-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSWEED WRENCH CO 201.99REFORESTATIONOTHER IMPROVEMENT SUPPLIES 189.00 95.48MUNICIPAL BLDG RENTAL BUILDINGSWILLIAMS SCOTSMAN INC 95.48 13,334.73ENTERPRISE G & A ELECTRIC SERVICEXCEL ENERGY 24.44GO BONDS-FIRE STATIONS G&A ELECTRIC SERVICE 13,359.17 16.10PUBLIC WORKS OPS G & A GENERAL SUPPLIESZEE MEDICAL SERVICE 16.10PARK MAINTENANCE G & A GENERAL SUPPLIES 16.09VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 16.10WATER UTILITY G&A GENERAL SUPPLIES 64.39 50.00GENERAL REPAIR EQUIPMENT MTCE SERVICEZIEBART OF MINNESOTA INC 50.00 Report Totals 472,796.74 City Council Meeting of November 15, 2010 (Item No. 4j) Subject: Vendor Claims Page 12 Meeting Date: November 15, 2010 Agenda Item #: 6a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Public Hearing for Off-sale Intoxicating Liquor License – Liquor Barrel. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve off-sale intoxicating liquor license to MM Liquor Barrel Inc. dba Liquor Barrel located at 5111 Excelsior Blvd in St. Louis Park for the license term through March 1, 2011. POLICY CONSIDERATION: Does the Council wish to approve the off-sale intoxicating liquor license to the new ownership of the Liquor Barrel for the license term through March 1, 2011? BACKGROUND: The City received an application from MM Liquor Barrel Inc. for an off-sale intoxicating liquor license for the Liquor Barrel currently under operation at 5111 Excelsior Blvd. The new owners are: Kent Cich and Jeremiah Cich. They also own and operate a second Liquor Barrel in Circle Pines, Minnesota. Liquor Barrel will retain five current employees and will not make structural changes or alterations to the store. As required in Section 3-66 of the City Code of Ordinance, a public hearing is required for the issuance of a license for a difference licensee at the same premises. The Police Department conducted a background investigation and has found no reason to deny the new ownership based on the investigation. The application and Police report are on file in the City Clerk’s Office should Councilmembers wish to review the information prior to the Public Hearing. FINANCIAL OR BUDGET CONSIDERATION: The investigation fee for a new liquor licenses is $500.00. The fee for an off-sale intoxicating liquor licenses is $380 (prorated). VISION CONSIDERATION: Not applicable Attachments: None Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: November 15, 2010 Agenda Item #: 6b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Public Hearing - 2011 Liquor License Fees. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve Resolution adopting 2011 liquor license fees for the license term March 1, 2011 through March 1, 2012 pursuant to M.S.A. Ch. 340A and section 3-59 of the St. Louis Park City Code. POLICY CONSIDERATION: Does the Council agree with the proposed increase in certain liquor license fees for 2011? BACKGROUND: Staff recently completed the 2010 fee study and, based on this analysis, staff is recommending changes to 2011 liquor license fees. State law requires that the city adopt liquor license fees at a public hearing and city ordinance permits the Council to set liquor license fees by resolution. The following is a list of the 2010 liquor license fees and proposed fees for 2011. These proposed fees have been reviewed by the Department Director and the City Manager; and reflect the limits set forth in state law and increased costs of providing license administration and enforcement. Liquor License Type 2010 Fee 2011 Fee Effective 3/1/2011 Brewer Off-sale Malt Liquor $200 $200 Brewpub Off-sale Malt Liquor $150 $150 Off-sale 3.2 Malt Liquor $150 $150 Off-sale Intoxicating Liquor $380 $380 Off-sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 $280 On-sale 3.2 Malt Liquor $750 $750 On-sale Intoxicating Liquor $8,000 $8,500 On-sale Sunday Liquor $200 $200 On-sale Wine $2,000 $2,000 Club (per members) 1 - 200 $300 $300 201 - 500 $500 $500 501 - 1000 $650 $650 1001 - 2000 $800 $800 2001 - 4000 $1,000 $1,000 4001 - 6000 $2,000 $2,000 6000+ $3,000 $3,000 Temporary Liquor License $100/day $100/day City Council Meeting of November 15, 2010 (Item No. 6b) Page 2 Public Hearing - 2011 Liquor License Fees Background Investigation Fees: 2010 Fee 2011 Fee New License Applicant (non-refundable) 500 in-state applicant; actual costs for out-of-state applicant may be billed up to a maximum of $10,000. $500 in-state applicant; actual costs for out-of-state applicant may be billed up to a maximum of $10,000. New Store Manager $500 $500 On-sale license renewal per 340A.412 Subd. 2 $500 $500 FINANCIAL OR BUDGET CONSIDERATION: State law sets the limits on what fees may be charged for certain types of liquor licenses. Where there is no state restriction, the city can set the fee at an amount to reflect the cost of issuing the license and other costs directly related to the enforcement. License fees may not be used as a means of raising revenues. On-sale Intoxicating Liquor Fee Increase The city currently has 18 intoxicating liquor license holders in the city. The 2010 fee for an on- sale intoxicating liquor license is $8,000. Staff proposes increasing this fee to $8,500 to cover the staff time and resources that are required for license administration and enforcement, including compliance checks. The 2009 fee was $7,500 which had not been increased since 2001. In 2009 staff proposed this fee be increased by $500 in 2010 and $500 in 2011. The 2011 fee of $8,500 reflects this change. VISION CONSIDERATION: None at this time. Attachments: 2010 Liquor License Establishment by License Type Resolution Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Deno Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 6b) Page 3 Public Hearing - 2011 Liquor License Fees 2010 Liquor License Establishments License Types License Establishment Brewer Off-sale Brewpub Off-sale 3.2 Off-sale 3.2 On-sale Intox On-sale Sunday On-sale Intox Off-sale Wine On- sale Club On- sale License Issued by: City City City City City City State State State American Legion-Frank L 200 500 Applebee's Grill Bar 8000 200 Best of India 750 2000 Bunny’s 8000 200 Byerly’s St. Louis Park 8000 200 Byerly’s Wine & Spirits 380 Chili’s Southwest Grill 8000 200 Chipotle Mexican Grill 750 2000 Cooper Irish Pub 8000 200 Costco Wholesale #377 380 Crave 8000 200 Cub Foods Knollwood 150 Doubletree Park Place 8000 200 Fuddruckers 750 2000 Grand City Buffet Inc 750 2000 Granite City Food & Brew 150 8000 200 Homeward Suites 750 Jennings’ Liquor Store 380 Kerasotes Theatres 8000 200 Knollwood Liquor 380 Liquor Barrel, Inc. 380 Marriott Mpls West 8000 200 McCoy’s Public House 8000 200 Minneapolis Golf Club 200 500 Noodle & Company 750 2000 Olive Garden #1424 8000 200 Park Tavern Lounge 8000 200 Pei Wei Asian Diner 750 2000 Rainbow Foods 150 380 Ringo 8000 200 Rojo Mexican Grill 8000 200 Sam’s Club #6318 150 380 St. Louis Park Liquors 380 Target Corporation 150 Taste of India 750 2000 Texas-Tonka Liquors 380 Texa-Tonka Lanes 8000 200 TGI Friday’s 8000 200 Thanh do Restaurant 750 2000 The Four Firkins 380 Toby Keith I Love this Bar 8000 200 Trader Joe’s 380 Vescio's Cucina 750 2000 Vintage Wine & Spiritz 380 Westwood Liquors 380 Wok in the Park 750 2000 Yangtze River Rest. 8000 200 Yum, Inc. 750 2000 TOTALS 0 150 600 9,000 152,000 4,200 4,940 22,000 1,000 City Council Meeting of November 15, 2010 (Item No. 6b) Page 4 Public Hearing - 2011 Liquor License Fees RESOLUTION NO. 10-_____ RESOLUTION ADOPTING 2011 LIQUOR LICENSE FEES FOR THE LICENSE TERM MARCH 1, 2011 – MARCH 1, 2012 BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: WHEREAS, the St. Louis Park City Code Section 3-59 authorizes the City Council to establish annual fees for liquor licenses by resolution in amounts no greater that those set forth in M.S.A. Chapter 340A; and WHEREAS, it is necessary for the city to maintain fees in an amount necessary to cover the cost of administration and enforcement of regulating liquor in the city; and WHEREAS, fees called for within the Section 3-59 of the City Code and Minnesota State Statute Chapter 340A are hereby set by this resolution for the 2011 license term effective March 1, 2011 through March 1, 2012; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, fees for 2011 liquor licenses are hereby adopted as follows: Liquor License Type: 2011 Fee Effective 3/1/2011 Brewer Off-sale Malt Liquor $200 Brewpub Off-sale Malt Liquor $150 Off-sale 3.2 Malt Liquor $150 Off-sale Intoxicating Liquor $380 Off-sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 On-sale 3.2 Malt Liquor $750 On-sale Intoxicating Liquor $8,500 On-sale Sunday Liquor $200 On-sale Wine $2,000 Club (per # members) 1 - 200 $300 201 - 500 $500 501 - 1000 $650 1001 - 2000 $800 2001 - 4000 $1,000 4001 - 6000 $2,000 6000+ $3,000 Temporary On-sale Liquor $100/day City Council Meeting of November 15, 2010 (Item No. 6b) Page 5 Public Hearing - 2011 Liquor License Fees Background Investigation Fee New License Applicant (non-refundable) $500 in-state applicant; actual costs for out- of-state applicant may be billed up to a maximum of $10,000. New Store Manager $500 On-sale license renewal per 340A.412 Subd. 2 $500 Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 15, 2010 Agenda Item #: 8a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Eldridge 1st Addition – Preliminary Plat. RECOMMENDED ACTION: Motion to Adopt Resolution granting approval of the Preliminary Plat of Eldridge 1st Addition, with conditions. POLICY CONSIDERATION: Does the proposed plan for the Eldridge 1st Addition subdivision satisfy the requirements for approval of a Preliminary Plat? BACKGROUND: Requested is a Preliminary Plat to allow for the subdivision of a single parcel into five (5) new lots. The proposed lots and subdivision meet all zoning and subdivision ordinance requirements. The existing parcel at 8849 Minnetonka Boulevard, located on the south side of Minnetonka Boulevard near Cobblecrest Lake, is 1.99 acres in size and has an existing house and garage. The existing structures would be removed and a new public street connecting to Minnetonka Boulevard would be constructed on the east side of the site. The new homes would be between 2,500 square feet and 4,000 square feet in size. The Planning Commission recommended approval of the subdivision, subject to conditions, with a recommendation that a study be done to move the road to the west. Discussion: The proposal for a subdivision involves a single existing parcel of land of 87,097 square feet in size (about 1.99 acres) that would be subdivided into five lots ranging from 10,744 square feet to 20,669 square feet in size. Each proposed lot exceeds the minimum lot size of 9,000 square feet and the minimum lot width requirements of the R-1 Zoning District. The minimum lot width requirement in the R-1 Zoning District is 75 feet measured at the front yard setback; for corner lots, the minimum width is 85 feet. Public Process The applicant held a neighborhood meeting on Tuesday, September 28th. There were 12 neighbors in attendance. Concerns were raised about the proposed development, including the loss of tree canopy in the neighborhood, construction and safety of a new public street, the potential for change in the neighborhood’s character, and the exclusion of affordable homes in the proposal. At the Planning Commission public hearing, the issues above were further reviewed. Additional issues raised included the potential for moving the entrance for the new public street from Minnetonka Boulevard to Decatur Avenue South, concerns about the proposed public street City Council Meeting of November 15, 2010 (Item No. 8a) Page 2 Subject: Eldridge 1st Addition – Preliminary Plat causing through-lots for the homeowners living on Cavell Avenue South, the location of the street from the existing homes on Cavell Avenue, lighting and fencing along the new public street, and the size and architectural type that could be used for the proposed houses. Existing Lot: Characteristics Location The proposed subdivision is located south of Minnetonka Boulevard in the western part of the City, and is fully within the Cobblecrest neighborhood. It is located just west of two subdivisions approved in 2007, known as “Fretham 9th Addition” and “Isabelle Estates.” Topography & Shape The property is relatively flat, with a slight depression near the southwest corner. The location of the low spot on the site has been taken into account by the applicant in designing the layout for the subdivision, reflected in the analysis of stormwater management below. The property is roughly rectangular in shape. This allows for a variety of potential layouts for housing on the site, all requiring a new roadway to reach the southerly part of the lot. Early analysis by the applicant indicated that the lot could accommodate up to seven homes without any variances; the applicant has stated that only five lots are proposed to allow for larger lots and homes on the development site. Utilities The subdivision proposal includes a new public street off the south side of Minnetonka Boulevard between Cavell and Decatur Avenues. New utilities would be located in the street right-of-way. The applicant intends to provide access to water via an existing 12-inch water main in Minnetonka Boulevard. Sanitary sewer service would be provided via a new sanitary main line that would connect to the main line, also located in Minnetonka Boulevard. The water and sanitary sewer mains would be placed below the new street. All electrical, cable, phone and gas utilities would be placed below ground, and would be located within the right-of-way for the new public street. Subdivision Analysis As noted, the proposed subdivision meets the general conditions of the Zoning Ordinance related to lot size and width. However, other issues addressed in the application are reviewed below. Public Street Dedication The Subdivision Ordinance requires applicants to provide a sketch plan for any subdivision proposal to the City prior to submitting an application for Preliminary Plat. During the process of reviewing the sketch plan, the Public Works Department determined that the number of lots included in the proposal and the future maintenance needs for the street dictated that the new street should be public, versus a private street that would be owned and maintained by a homeowners association. Dedication of a new public street is permitted under the regulations found in the Subdivision Ordinance. The proposed name for the new public street is “Cobblecrest Court,” reflecting the site’s alphabetical proximity to Cavell and Decatur Avenues along Minnetonka Boulevard and the geographical proximity to Cobblecrest Lake. The new public street must fit the street design requirements found in the Subdivision Ordinance. The proposed street has 50-feet of right-of-way and a 29-foot paved section, meeting subdivision City Council Meeting of November 15, 2010 (Item No. 8a) Page 3 Subject: Eldridge 1st Addition – Preliminary Plat ordinance standards. At the Planning Commission meeting, the motion recommending approval of the item included a request that the City Engineer review the standards and consider a reduced road width to allow for a higher level of screening between the new roadway and the properties to the east. The City Engineer reviewed the standards and concluded that the standards for public street width should be maintained. A memo from the City Engineer detailing this and other issues is attached. Minnetonka Boulevard is under the jurisdiction of Hennepin County. For this reason, the City Engineer will be working with the County Engineer to ensure that access and other issues surrounding right-of-way permits and modifications to the trail along Minnetonka Boulevard are addressed. The full cost of construction for the new public street, as well as any curb modifications and replacement of the trail, would be paid by the developer. Cul-de-sacs are permitted by the Subdivision Ordinance. In this case, the cul-de-sac is required because of the physical site conditions related to how previous subdivisions were completed. There is no means for access to the site except from Minnetonka Boulevard. If the applicant were required by the City to access the site from Cavell or Decatur Avenue, a portion of an adjacent lot would be needed. The Fire Department has reviewed and approved of the proposed design for the cul-de-sac; one important provision was that a new fire hydrant be installed at the end of the street. Sidewalk The Subdivision Ordinance requires the construction of sidewalk along all public streets with access for all new homes. The requirement, which calls for a five-foot wide section of sidewalk, allows for the sidewalk to be constructed in the right-of-way. In this case, the sidewalk would be located on the west side of the proposed new street, “Cobblecrest Court,” to provide direct access to the proposed homes. The existing plans show the sidewalk terminating at Lot 3. A requirement has been added to the conditions of approval to ensure that the plans are revised to extend the sidewalk to the driveway serving Lot 5 in the subdivision. Lot Shape & Building Placement The Subdivision Ordinance includes recommendations for lot dimension and shape. The proposed lots conform to the requirements. Three of the proposed lots are approximately 75’ by 148’ in size. The two lots at the end of the cul-de-sac are pie-shaped and substantially exceed these minimum dimensions. The applicant has included building pads for each site showing how the setback requirements of the R-1 Zoning District could be met. The proposed homes would be of 3,000 to 4,000 square feet, with a two or three car attached garage. At the time of application for a building permit, the City will conduct a final review to ensure that the proposed structures meet the requirements of the Zoning Ordinance, including the maximum lot coverage (Ground Floor Area Ratio) of 0.35. Tree Replacement & Landscaping The existing lot is heavily wooded. While much of the wooded area is comprised of scrub trees or undergrowth, there are 55 significant trees on the site, comprising a total of 801 caliper inches of total trees. The applicant intends to remove 19 significant trees, adding up to a total of 364 caliper inches. Using the Zoning Ordinance formula for tree replacement, a total of 139 caliper inches of significant trees must be replaced. City Council Meeting of November 15, 2010 (Item No. 8a) Page 4 Subject: Eldridge 1st Addition – Preliminary Plat The Zoning Ordinance requirement for landscaping on lots dedicated for single family homes calls for one new tree per lot, to be planted in the boulevard. The current application for Preliminary Plat does not include a landscape plan because the landscaping requirement can easily be met on each of the new lots. The applicant has indicated that he intends to plant the full 139 caliper inches of replacement trees over the entire site, using input from the neighborhood. 56 new 2.5 inch trees would fulfill the requirement for 139 caliper inches; a number of the proposed trees will be located along both sides of the proposed public street. Two requirements related to landscaping have been recommended as conditions of approval: 1) that a landscape plan, developed in coordination with adjacent property owners, be completed before submittal of the final plat application, and 2) that a Letter of Credit or Cash Escrow be provided prior to final City approval of the Plat, to guarantee installation of all required landscaping. The construction of a new public street does not result in screening requirements for adjacent properties. At the Planning Commission meeting, several neighbors did indicate a preference for a fence, and the applicant is willing to install one. The Planning Commissioners did not make the installation of a fence a condition of the recommendation; however, such a condition has been added to the resolution. Construction of the fence would be guided by a development agreement between the City and the applicant. Drainage and Utility Easements The applicant has included the easements required by the Subdivision Ordinance. The new easements allow for the placement of drainage and utilities between the properties. As required, the easements are provided with 10’ for all exterior lot lines, and 5’ for all interior lot lines. In addition, Hennepin County has requested an additional 15’ easement along Minnetonka Boulevard that would allow for possible future roadway purposes; the City Engineer has reviewed this requirement and concurs with the County, detailed in the attached memo. Stormwater Management The proposed stormwater management system meets the requirements of the City’s Surface Water Management Plan. The stormwater within the site generally flows to the south, so the developer has proposed a stormwater pond on the site’s southwest corner. In the event of a major (100-year) storm, the proposed stormwater basin has an overflow pipe constructed that allows water to flow to the north through a drainage swale toward Minnetonka Boulevard, where it proceeds into Cobblecrest Lake. This drainage swale is for emergency overflow only, and needs to be designed and constructed in a manner that will not resolute in standing water, or adverse affects to neighboring properties. Cobblecrest Lake drains to Minnehaha Creek through the City’s stormwater management system. The following comments were provided by the City Engineer and have been incorporated into the recommended conditions of approval: 1. Show how the bioretention basins fit into the locations where they are shown. 2. The side slopes on the bioretention basins should be indicated on the plans. Also indicate how the slope ties into the back of the curb. 3. Emergency overflow to Minnetonka Boulevard should be shown on the plan. Additional permits from the Minnehaha Creek Watershed District will be required prior to beginning construction on the site. City Council Meeting of November 15, 2010 (Item No. 8a) Page 5 Subject: Eldridge 1st Addition – Preliminary Plat Park dedication / Trail dedication Based on the goals found in the Comprehensive Plan, no new parks are planned for this area of the City; therefore, the applicant intends to make a payment in lieu of park dedication. The park dedication and trail dedication payments are due before the City releases the final Plat (currently $1,500 park dedication per lot and $225 trail dedication per lot. Summary: The Preliminary Plat meets the requirements of the Subdivision Ordinance and also meets the Zoning Ordinance requirements for the R-1 Zoning District. The Planning Commission recommended approval of the subdivision, subject to further review of the setback/buffer area between the proposed street and the houses to the east. After review by the City Engineer, it was determined that it was not possible to safely reduce the width of the street. For this reason, an additional condition has been added to the resolution requiring that the buffer area to the east of the proposed street be further refined and enhanced prior to submission of the final plat. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The proposed subdivision meets the vision goals for diverse housing options within the community, and will add to the City’s stock of “move up” housing, which is consistent with the housing goals adopted by the City Council. Attachments: Resolution – Preliminary Plat Draft Planning Commission Meeting Minutes – October 6, 2010 City Engineer’s Report Location map Site plan and related exhibits Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 8a) Page 6 Subject: Eldridge 1st Addition – Preliminary Plat RESOLUTION NO. 10-____ RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF ELDRIDGE 1ST ADDITION BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Kay Blackmore, owner, and AKARE Companies, LLC, subdivider of the land proposed to be platted as Eldridge 1st Addition have submitted an application for approval of preliminary plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: That part of the NE 1/4 of the NW 1/4 of Section 18-117-21, described as follows: Commencing at a point in the South line of Minnetonka Boulevard so-called, distant 526 feet measured at right angles West from the East line of the said NW 1/4; thence South parallel to said East line a distance of 426.14 feet; thence at right angles East 198.17 feet; thence North at right angles and parallel to the East line of said a distance of 453.1 feet to the South line of said Minnetonka Boulevard; thence Southwesterly along the said South line of said Boulevard 280 feet more or less; to the point of beginning, containing about 2 acres, all according to Government survey. 4. On October 6, 2010, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of the subdivision on a vote of 6-0 with one commissioner abstaining. Conclusion 1. The proposed preliminary plat of Eldridge 1st Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: a. Prior to submitting application for the Final Plat, the following conditions shall be met: i. Plans shall be revised to show the sidewalk extending to Lot 5. ii. Plans shall be revised to provide for a six-foot privacy fence located between the proposed public street “Cobblecrest Court,” and the properties to the east. City Council Meeting of November 15, 2010 (Item No. 8a) Page 7 Subject: Eldridge 1st Addition – Preliminary Plat iii. In coordination with the City Engineer, the buffer area located immediately east of the proposed public street shall be widened and enhanced on the official exhibits. iv. Plans shall include a final landscape plan for all tree planting and tree preservation planned for the site. v. Detailed construction plans, per the requirements of the City Engineer, shall be provided for the proposed public street and utilities. vi. All conditions for stormwater management shall be met. b. Prior to starting any site work, the following conditions shall be met: i. Assent form and official exhibits must be signed by the applicant and owner. ii. A pre-development conference shall be held with the appropriate development, construction and city representatives. iii. All necessary permits must be obtained. c. The applicant shall comply with the following conditions during construction: i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM. ii. Loud equipment shall be kept as far as possible from residences at all times. iii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. d. The developer shall enter into a development agreement with the City to guarantee the completion of all required improvements, both public and private. e. Park dedication fees must be received by the City prior to filing a final plat. f. Trail dedication fees must be received by the City prior to filing a final plat. g. Applicant shall submit financial security in the form of a cash escrow or letter of credit in the amount of $1000 to insure that a signed Mylar copy of the final plat is provided to the City. h. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, public improvements, landscaping, repair/cleaning of public streets and utilities, and to guarantee the provision of as-built drawings for all new public infrastructure to the City. i. The applicant shall pay an administrative fine of $750 per violation of any condition of this approval. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials City Council Meeting of November 15, 2010 (Item No. 8a) Page 8 Subject: Eldridge 1st Addition – Preliminary Plat charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 15, 2010 (Item No. 8a) Page 9 Subject: Eldridge 1st Addition – Preliminary Plat UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA October 6, 2010 -- 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Andrew Ford (youth member), Claudia Johnston- Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson, Larry Shapiro MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells 3. Hearings A. Preliminary Plat – Eldridge 1st Addition Location: 8849 Minnetonka Boulevard Applicant: AKARE Companies, LLC (Rob Eldridge) Case No.: 10-27-S Adam Fulton, Planner, presented the staff report and noted this was for approval of a preliminary plat only, to create five new lots to be called Cobblecrest Court. Some issues included this being a new public street versus a private street with a cul-de-sac. There is a five foot wide sidewalk proposed. Hennepin County had some concerns about the site distance, but the City Engineer felt it met the requirements. Mr. Fulton stated that tree preservation was a critical issue for this lot and buckthorn and grape vines would be removed. The applicant was proposing to replace trees and 56 are required. The developer has indicated willingness to have neighborhood involvement in developing the final landscape plan. Storm water management issues were taken into consideration with installation of a pond and drainage swale. Commissioner Robertson referred to a study session discussion on cluster housing and asked if the possibility of cluster housing had been discussed with the applicant. He said there are interesting lot shapes and that could potentially change screening and the road location or alter the plan. Mr. Fulton replied a policy decision was made to remove cluster housing from the R-1 Zoning District in 2006, so that possibility was not discussed. He added that the proposed lot shapes are typical of the neighborhood. Commissioner Carper and Mr. Fulton discussed pad sites. Mr. Fulton stated that this is a preliminary plat only, not review for a building permit or specific house review or design. He added that the applicant was the builder of two houses in the subdivision across the street and has indicated that the proposed houses will be similar to those houses. Commissioner Carper asked if there is any requirement to do a sidewalk on the northern portion adjacent to Minnetonka Boulevard. City Council Meeting of November 15, 2010 (Item No. 8a) Page 10 Subject: Eldridge 1st Addition – Preliminary Plat Mr. Fulton replied that there is already a trail in that location. Commissioner Carper asked about sidewalk on the other side of the cul-de-sac adjacent to the swale. Mr. Fulton indicated the requirement doesn’t extend to that area because those houses front on Cavell Ave. S. and have access to that street. Commissioner Carper asked how the lot sizes compared to the adjacent existing homes and surrounding blocks. Mr. Fulton replied this had come up in the neighborhood meeting. The R-1 study that was completed by the Planning Commission looked at the Cobblecrest neighborhood and other neighborhoods. There are a number of larger lots. The adjacent lots to the proposed subdivision are generally 10-13,000 square ft. lots and they are unusually shaped. Commissioner Kramer asked about the street width from the cul-de-sac and asked where parking would be allowed. Mr. Fulton said the subdivision ordinance requires a 29 ft. street width. The Fire Marshall will make the final determination as to which side parking will be allowed. Commissioner Kramer asked about options regarding narrowness and street width. Mr. Fulton said the applicant had not requested a variance to the subdivision ordinance requirement. Meg McMonigal, Planning and Zoning Supervisor, added a street could possibly be about 6-8 feet narrower. Rob Eldridge, applicant, Ridge Creek Custom Homes, provided background on the company and the development. Chair Person opened the public hearing. Bill Streetar, 3010 Cavell, stated his home is currently surrounded by asphalt and concrete on two sides and with this development it would be completely surrounded on three sides. He asked if the drainage swale would run on the east side of the street. Mr. Fulton replied it would be an above-ground drainage swale and would not drain anywhere but to Minnetonka Blvd. where it would travel into Cobblecrest Lake. Mr. Streetar stated from his property line to the curb of the street is only ten feet. He said he felt that was untenable for a residence. He stated he lived on this property for 46 ½ years and had seen many changes. In 1973 the grade change took away two and a half feet of his street. He believed there were already a lot of issues including noise pollution from Minnetonka Blvd, heavy truck traffic, motorcycles, trespassing from the trail across his lot, and trash from the bus stop. They have to live with that. Mr. Streetar said the proposed development would bring a lot of light pollution from the street and it would be 20 feet from his back bedroom. He said he didn’t want to live in a cave. He said he was also concerned about the saleability of his house as the development would lower his home value. He said his home was his nest egg. Mr. Streetar stated he would like a visual barrier from the development, some kind of tasteful fence. City Council Meeting of November 15, 2010 (Item No. 8a) Page 11 Subject: Eldridge 1st Addition – Preliminary Plat Commissioner Robertson asked Mr. Streetar if the street were to be pushed further to the west, what distance would be workable? Mr. Streetar replied there were ideas from the neighborhood that could make this more neighborhood friendly. Having an entrance off of Cavell or Decatur would eliminate the intersection directly with Minnetonka Blvd., which would make more sense for safety and traffic. Diane Harrison, 3021 Decatur, said she wanted to present alternatives to the architect’s plan. She said the architect didn’t plan well putting the street where they did, saying that no one in their right mind would put cement on three sides of someone’s land. It wasn’t fair. There are other options. The original designer of the neighborhood made the lots long and thin and the homes were put to the back side of the lots. She suggested one of the options that could have been offered was for the neighbors to buy more land. Another option would be to bring the road in from Decatur Av. and turn it up. They could flip it to put the big houses to the north side of the lot and the smaller houses toward the south side of the lot. There would be no access from Minnetonka Blvd. and no problems from a poor turn area and cause for accidents. They could still have the turnaround and the builder could buy a small piece of the neighbor’s lot and put in a fence, adding more trees and shrubbery. Because it would be a new house with good sound insulation it would give Mr. Streetar land behind his home. Ms. Harrison said she didn’t feel the plan presented was the best option for the neighborhood. Kent Bowker, 3031 Decatur, stated his initial shock about the proposal had subsided. He said about nine years ago when he bought his house, he didn’t think the proposed subdivision was a buildable spot. He bought his house because of the existing environment. Mr. Bowker said in his opinion, as a real estate agent, Bill Streetar’s and Jeremy Gustafson’s houses clearly will lose value. He said all six of the homes will lose value because they will be losing their wooded oasis. The new homes will be big two-story homes, lots of trees will be removed, and it will not be the same environment. Mr. Bowker stated he didn’t see how they could allow a road to go in behind those homes. Commissioner Morris asked Mr. Bowker if he had any problems with the proposal of a new roadway along the south side of his house. Mr. Bowker replied it was alright because his garage was located there and he had a large side yard. Mike Pacello, 3060 Cavell, read a letter from Gail and Michael Mooers, 8920 W. 31st St, who were unable to attend the meeting. The Mooers’ concerns regarded: the square footage of the homes would look out of place, the homes were too big for the neighborhood; the setback from the existing homes was too narrow which would impact privacy, security and saleability; the removal of so many mature trees had a huge environmental impact on the neighborhood; and five homes were too many for the land space available. The Mooers stated they were adamantly opposed to putting five homes into that space and tired of subdivisions having to do with the bottom line and more tax base for the city. They requested that the Commission not pass the proposal as it stood. Mr. Pacello asked when all this building will stop. He commented that space is good. The neighborhood enjoys large lots and nice houses. City Council Meeting of November 15, 2010 (Item No. 8a) Page 12 Subject: Eldridge 1st Addition – Preliminary Plat Briana Erickson, 3011 Decatur, quoted Mayor Jacobs from the St. Louis Park Community Guide, “It is a place where people live starting out raising families or settling in for retirement. A community of choice for a lifetime. Neighbors know each other and residents have real input into decisions affecting the community.” Ms. Erickson said this was a prime of example of what the neighborhood should have, and they should have a say. She said the development’s impact on residential streets needed to be minimized. The extra traffic and parking would place an unacceptable burden on the rest of the neighborhood. The new homes could be a lower scale in keeping with the character of the community. Their homes are about half the size and one half to one-third the price of the proposed homes. These are mansions going up in their back yard and it altered the neighborhood feel. There would also be an environmental impact removing trees and green space. Ms. Erickson stated that the new properties could potentially drive up their property taxes and would make the area unaffordable. She concluded by saying allowing this to take place was setting a dangerous precedence. Jeremy Gustafson, 3020 Cavell, stated his largest concern was preserving a private backyard for his kids. Having a street put in within ten feet of their property line would be only 6-7 steps to the street. He said he appreciated the developer’s offer to build a fence. Mark McDonnell, 2939 Cavell, stated he moved from his first house on Cavell to one of the new houses across the street. They were starting their family and their first house was not big enough. They were looking to leave the city, but they liked living here and they liked the school district. Mr. Eldridge was the builder of their new home. Mr. McDonnell said they couldn’t be happier with their new home and assumed the new houses would be similar to it. Mr. McDonnell said Mr. Eldridge would probably be able to work with the residents better than any builder he had come into contact with. James Campbell, 8806 Minnetonka, asked how runoff into Cobblecrest Lake would affect the lake. Mr. Fulton replied that runoff currently goes to Cobblecrest Lake and the new development wouldn’t change the current conditions. The applicant is required to not release any additional water above and beyond what the site currently releases. He explained that all of the water from Cavell and Decatur streets flows to the north toward Cobblecrest Lake. It then outlets to a man- made structure that regulates the water level of the lake and then it outlets to Minnehaha Creek. An email from Jo Colleran, 8810 Minnetonka Blvd., was distributed to the Planning Commission. Her comments included support of 5 lots versus 7 lots. She appreciated the road alignment as proposed. If it was moved to the west, car lights as exiting onto Mtka. Blvd. would point directly at her home. She said she appreciates the attempt to infiltrate as much storm water runoff as possible. She suggested the roadway could be narrower to allow for less storm water runoff. Ms. Colleran supported removal of buckthorn and grape vine. She said she was concerned about how the final grading may impact the critical root zone of some of the trees he proposes to save. Ms. Colleran stated she was concerned about the view and landscaping. She said she spoke with the developer about using native trees and shrubbery to create a layered woodland effect versus a berm with evergreens. She provided details about how a rain garden on lot 1 could be planted with native trees and shrubs in order to help accomplish an aesthetic woodland view. Chair Person closed the public hearing as no one else was present wishing to speak. City Council Meeting of November 15, 2010 (Item No. 8a) Page 13 Subject: Eldridge 1st Addition – Preliminary Plat Commissioner Carper noted one of the speakers brought up the concept of a fence to separate the road from the homes to the east. He asked if that can be made a condition of approval. Chair Person asked if a berm would be workable. Mr. Fulton replied there would be a slight berm at the corner of Minnetonka and the new street. A berm was not possible on the east side of the new proposed street because that was where the drainage swale was proposed to be located. Mr. Fulton stated that the applicant has said he would be willing to put in a fence, but that his preference was not to put in a fence because he didn’t feel a fence made good neighbors. If the neighbors felt it was necessary, that condition would be perfectly acceptable. Commissioner Morris said a fence would make good neighbors in this case and it was compelling for the safety of the children. The dry pond could fill with water a few times a year and children could be drawn to it. He said he would advocate that a fence would be a good visual separation from the roadway for the property owners on the east and would also be good for safety. Commissioner Kramer asked how close someone could put the back of their house to the lot line. Mr. Fulton replied the rear yard setback is 25 feet for the R-1 district. Commissioner Kramer asked why houses along Cavell would be forced into a minimum lot backyard. He asked why the street is so far to the east and why couldn’t it be moved to the west, making the backyards of the new developments smaller. Mr. Fulton replied that the first proposal they reviewed for this was 7 lots with a cul-de-sac that came down right in the middle. It looked like it conformed to the Zoning Code. The developer has stated by putting a road in the proposed location, it allows them to accomplish a development at a slightly lower density while meeting the City’s requirements for storm water and road regulations. He added that was not to say the road couldn’t be moved. Commissioner Robertson said the proposal will make Cavell lots become thru-lots. Typically the 25-ft rear yard setback was a rear yard to a rear yard setting. The proposal was an odd situation. Cars would be too close to the backyards and he was not comfortable with the street being as far to the east as it was. Problems could be avoided with more buffer, width and addition of a fence. He said there had already been a lot of public input on this site through the zoning process and through the Comprehensive Plan. It could be developed more intensely. The R-1 district can have 9,000 sq. ft. lots. The development meets the needs for more large single family homes. Commissioner Robertson stated it was a good development scale-wise. He said he appreciated that it was for five houses instead of seven houses. He said the public street needed to be pushed further from the backyards of the houses on Cavell. He commented that residents say this would lower the value of their homes, but they don’t have control on the other side of their property line. The street encroaches too much on people’s private backyards. He suggested it can be rearranged and not lose anything in the process. Chair Person asked about street light locations. Mr. Fulton responded that street light locations had not been determined. The conditions and locations would be reviewed by the Police Department. City Council Meeting of November 15, 2010 (Item No. 8a) Page 14 Subject: Eldridge 1st Addition – Preliminary Plat Commissioner Robertson asked the developer to comment on flipping the street location. Rob Eldridge, applicant, stated when they studied the site with their engineers they looked at different road layouts. It was generally a flat lot but not a flat neighborhood. The idea of flipping the road to go through Mr. Bowker’s area would require them to build it up eight feet, which would take out everything in the woods in the back side of the property. He explained when they looked at this, the road on the east side worked out best because if they went to the other side to meet City standards they would have to do more grading. This could be discussed as part of the final plat. He said they tried to entertain other ideas and didn’t know that Mr. Bowker's land was available to do this. Chair Person asked about the height of the foundations above the new street. Mr. Eldridge was unsure what the foundations were for the new street, but the foundations to his yard were about two-feet higher. It was a significant amount. They were open to the idea of putting a fence down that side. He said at one point he hoped to do a private road, making the road smaller and keeping it 15-20 feet from the side yard. He said when you start putting in a 50-foot wide road and try holding it off another 10-15 feet, it would shove the houses onto the other properties and affect both sides of the neighborhood. He liked the idea of one-sided parking and getting rid of eight feet of asphalt. It would probably change the drainage issues and give them other ideas to explore. Mr. Eldridge concluded by saying this is why they were doing the preliminary plat because there were issues to be worked out and discussed. Commissioner Morris asked about Hennepin County and City Engineer comments on the road configuration. Mr. Fulton replied that Hennepin County had some questions about the layout. The City Engineer, Scott Brink, believes it should be a public street and believed it was safe. He did additional review as requested by Hennepin County. The county looks for 500 ft. stopping distance visually in both directions and they found that to be present on both the east and the west of the proposed road. Commissioner Morris asked if the road location needed to be changed, or did it just need to be tweaked. He said his concern was if they moved ahead with preliminary and found out the road needed to be moved which changed the lot configuration, other options might then be available. The Commission would only see it on the final plat at that point. Mr. Fulton stated that the City Engineer did not believe the road location needed to be changed. Commissioner Morris noted that in flipping the roadway and the cul-de-sac around, the cul-de- sac would be up against somebody’s backyard no matter how it is done. It won’t fit in the middle. He asked if it is a private road, does that allow it to be a 25-foot road with no parking. Mr. Fulton responded the subdivision ordinance has specific standards for both public and private streets. They could do a narrower private street. If the Planning Commission were to recommend a variance from the subdivision ordinance standards for roadway width, that would be something staff would need to review with the City Engineer and the Fire Marshall to make sure that would be an acceptable street. City Council Meeting of November 15, 2010 (Item No. 8a) Page 15 Subject: Eldridge 1st Addition – Preliminary Plat Commissioner Johnston-Madison said she understood the residents’ concerns, but the property owner had a right to redevelop the property. She said the developer had done a good job in configuring the property. She said she wanted to move preliminary plat forward with more discussion about the road and setbacks for the final plat. Commissioner Kramer said he agreed the developer had the right to do what they had proposed and it was consistent with the City vision. He said he was uncomfortable with the proximity to the houses on Cavell. He would like to see the street moved to the west by making it narrower. He didn’t like the idea of a fence rather than a view. Ms. McMonigal indicated staff would look at that with the City Engineer. An additional five feet would likely set the street 25 feet from the homes, which was the typical back yard setback. Commissioner Shapiro indicated they should keep it a public street, but shrink it 4-5 feet from east to west and have one side street parking to move it further from the houses. Ms. McMonigal noted staff would try to work with the City Engineer on the road issue prior to going to the City Council with the preliminary plat. She was not sure how quickly they would come back with the final plat. Commissioner Robertson commented that the east curb line of the road could move to the west. He also wanted to add discussions regarding a fence. Commissioner Morris asked for further discussion on the lighting. Andrew Ford, youth member, said he felt the residents had a valid concern that the proposed house sizes didn’t fit in with the neighborhood. Commissioner Johnston-Madison made a motion to recommend approval of the Preliminary Plat, subject to conditions recommended by staff, with an amendment that a study be done on the road moving further to the west, with further discussion on consideration of a fence and location of lighting. Commissioner Robertson seconded the motion, and the motion as amended passed on a vote of 6-0-1 (Commissioner Carper abstained). Public Works Department 5005 Minnetonka Boulevard St. Louis Park, MN 55416 (952) 924-2555 Fax: (952) 924-2663 MEMORANDUM DATE: October 28, 2010 TO: ADAM FULTON, Planner FROM: SCOTT BRINK, City Engineer RE: Eldridge 1st Addition Plan Comments Plans for Eldridge Addition 1st Addition have been reviewed and the following comments are provided. The plans reviewed included Sheets 1 - 4 and Sheets C1.01, C1.02, C2.01, and C3.01, all dated September 7, 2010, prepared by Acre Land Surveying and Solution Blue, Inc. Storm Drainage 1. The lowest elevation of any structure opening (walkout, window, etc.) must be at least 2 feet above the 100-year flood elevation of the bio-retention storage areas, and above the emergency overflow elevation. 2. Emergency overflow locations and elevations must be shown clearly on the plan. 3. The bio-retention area located along the east side of the street should serve primarily as an emergency overflow only. This retention area must be designed and constructed in a manner that will not result in standing water, or adverse effects to neighboring properties. 4. The plan details provide for storm sewer end sections of corrugated metal pipe. End sections shall be RCP in accordance with the same type (RCP) and size provided on the plans. Utilities 1. Existing sanitary sewer and water services not to be utilized must be removed and capped at the main. 1 2. The alignment of the sanitary sewer must be located under the street centerline. Water shall be offset 10 feet. City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 16 2 3. New water services shall be at least 1 inch in diameter. 4. Tracer wires must be placed on all sewer services from the main to the house. 5. All utility work within the right of way of Minnetonka Boulevard, including disconnects and new service connections shall require a permit from Hennepin County. The applicant shall meet all requirements of the permit, including but not limited to traffic control per MUTCD and satisfactory restoration of the roadway, bicycle trail, and boulevard. 6. The City of St. Louis Park Utility Division (952-924-2558) shall be notified at least 48 hours prior to any work involving sanitary sewer, water, or storm sewer. Street 1. The street provided shall serve as a public street. The street and right of way configuration and dimensions shown meet the requirements of the City’s subdivision ordinance, including centering of the street within the right of way. Any alteration of any of these standards would result in issues, including street and sidewalk snow removal efficiency, emergency vehicle ingress and egress, parking restrictions, and space for private utilities. 2. Traffic signs as required, including stop, dead end, etc. shall be installed by the applicant. 3. Maintenance of the sidewalk, including snow removal shall be the responsibility of the adjacent property owners. It is recommended that the sidewalk be 6 feet in width rather than five feet. Other 1. An additional 15-17 feet of utility and trail easement must be provided along Minnetonka Boulevard as directed by Hennepin County (letter from Hennepin County to City of St. Louis Park dated September 23, 2010). In addition, sightlines and visibility at the street intersection with Minnetonka Boulevard must be provided and maintained in accordance with the September 23 correspondence. 2. In addition to the City of St. Louis Park and Hennepin County, the applicant must meet the requirements of the Minnehaha Watershed District and any other agencies as applicable. City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 17 MINNETONKA BLVD BOONE AVE S31S T S T W CAVELL AVE SDECATUR AVE SENSIGN AVE SAQUILA LN SAQUILA AVE SCAVELL AVE SENSIGN AVE SEldridge 1st Addition - Preliminary Plat8849 Minnetonka Boulevard $ October 6, 2010 3X Zoning Classification R1 - Single Family Residential R2 - Single Family Residential R3 - Two Family Residential R4 - Multi-Familiy Residential RC - Multi-Family Residential POS - Parks and Open Space MX - Mixed-Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial 250 Feet POS R-1 POS R-1 R-1 R-1 City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 18 City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 19 City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 20 City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 21 City Council Meeting of November 15, 2010 (Item No. 8a) Subject: Eldridge 1st Addition – Preliminary Plat Page 22 Meeting Date: November 15, 2010 Agenda Item #: 8b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Presale Review of General Obligation Bonds for Louisiana Court – Series 2010C and the Fire Stations – Series 2010D. RECOMMENDED ACTION: Motion to Adopt a Resolution Providing for the Sale of: • $1,755,000 General Obligation Bonds, Series 2010C and • $13,140,000 Taxable General Obligation Bonds (Build America Bonds), Series 2010D POLICY CONSIDERATION: Does the City Council wish to proceed with refunding the Louisiana Court bonds and issuing General Obligation Taxable Build America Bonds (BAB’s) to assist in financing the construction of two new Fire Stations? BACKGROUND: The City Council is being asked to start the process for the issuance of bonds for the PPL/Louisiana Court Project and the construction of two fire stations. It is proposed that the bond issues for Louisiana Court and the Fire Stations be done simultaneously in order to save the City money in issuance costs. The whole bond issuance process will occur starting from the middle of November, with the estimated closing date the week of December 26, 2010. A proposed schedule is attached for City Council review within the Presale Report. Louisiana Court For several months, the City Council has been discussing financial issues relative to the PPL/Louisiana Court project. As a part of this, a discussion took place regarding the refinancing of the bonds for this project. The Council concurred that the refinancing of the bonds should be undertaken along with other steps. As discussed previously with the City Council, the new overall refinancing plan results in approximately a $1.9 million reduction in the debt carried by the City and paid by Louisiana Court. The long term strength of Louisiana Court is improved by the combination of debt reduction and capital improvements incorporated in the refinancing plan. The debt service is dramatically reduced and it takes advantage of currently lower interest rates. Fire Stations This project is nearing the end of the Design Development phase. The project budget for constructing both stations is approximately $15.5 million. The City Council is scheduled to receive a full update on this project at a special study session prior to the regular City Council meeting on November 15. City Council Meeting of November 15, 2010 (Item No. 8b) Page 2 Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D PROPOSED BOND ISSUANCE PROCESS Louisiana Court General Obligation Refunding Bonds This bond issue will refund the existing Louisiana Court Bonds in an amount of approximately $1,755,000 over a term of 30 years. This figure is approximately $95,000 less than stated in the November 8, 2010 Study Session report, as there is more cash reserve available to assist in the refunding of the bonds. This lesser bond amount does not change the structure of the deal, but will allow for less interest to be paid over the life of the bonds due to the smaller principal amount. Please note that the public hearing notice we need to publish must state the maximum principle amount of the bond issue. This amount can not be increased later but can be decreased. In order to provide maximum flexibility with this bond issue to take into consideration unexpected changes in the bond market or other matters (nothing anticipated at this time), the amount included in the hearing notice will be $2 million. By refunding the bonds, the project will see an annual debt service reduction from the current amount of approximately $290,000 to $100,000, for a difference of approximately $190,000 per year. This results in approximately $2.9 million over the life of the refunding bonds. This refunding will increase the length of maturity when compared to the current bond issue and, as such, will require a public hearing which is scheduled for December 6th. As mentioned above, this refunding will significantly reduce Louisiana Court’s debt obligation with the goal of aiding in long term sustainability for the complex. Fire Station General Obligation Build America Bonds (BAB’s) This bond issue of approximately $13,140,000 will be facilitated by utilizing Build America Bonds (BAB’s), which is a program that is part of the Federal Government’s American Recovery and Reinvestment Act (ARRA). The estimated total project cost is approximately $15.5 million. Approximately $3 million of this project cost will be paid by the Fire portion of the Police and Fire Pension Fund with the remaining portion, or $12.5 million, coming from the net bond proceeds. These bonds are a taxable issue, with a 35% rebate provided by the federal government, effectively providing a projected interest savings to the City of St. Louis Park over traditional tax exempt bonds. The BAB’s are also more attractive to investors due to the higher interest rate they provide, thereby benefitting both the issuer and the buyer. By issuing Build America Bonds in this amount, the City could possibly realize a present value savings of approximately $408,000 over the life of the bonds. Annual debt service will be approximately $910,000 per year after factoring in the 105% statutory levy requirement. Attached is information detailing the bond issue for City Council review. As stated in the November 8, 2010 City Council Study Session report, the BAB’s also have more reporting requirements and require more administrative work over their life versus traditional bonds. First, a Post Issuance Compliance Policy must be in place after the bonds are issued, which would be brought to Council in early 2011 if Council chooses to move forward the presale resolution of the BAB’s. Next, a tax form must be filed for each interest payment over the life of the bond to receive the rebate. Also, there is a 50% likelihood of being audited by the IRS over the life of the BAB’s. However, staff still feels that the additional reporting and audit possibility is outweighed by the potential savings over the life of the bonds. Next Steps A presale review by City Council and approval of the authorizing resolution is proposed to occur on November 15. On December 6, 2010, the sale of the bonds would occur for both Louisiana City Council Meeting of November 15, 2010 (Item No. 8b) Page 3 Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Court and the Fire Stations during the day. Also on December 6, 2010, a public hearing for refunding the Louisiana Court bonds will occur at the regular City Council meeting. Then the City Council will be asked to award the sale of the bonds later on that evening. The bonds would then be scheduled to close the week of December 26, 2010. A complete schedule is attached in the Presale Report. FINANCIAL OR BUDGET CONSIDERATION: By refunding the Louisiana Court bonds and issuing BAB’s for the Fire Stations construction, the City would be realizing lower risk and savings in the long term. VISION CONSIDERATION: Not applicable Attachments: Resolution Presale Report from Ehlers & Associates Presale Information on $1.755M La. Ct. – 2010C Presale Information on $12.5M Build America Bonds – 2010D Prepared by: Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 15, 2010 (Item No. 8b) Page 4 Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D RESOLUTION NO. 10-_____ RESOLUTION PROVIDING FOR THE SALE OF $1,755,000 GENERAL OBLIGATION BONDS, SERIES 2010C AND $13,140,000 TAXABLE GENERAL OBLIGATION BONDS (BUILD AMERICA BONDS), SERIES 2010D WHEREAS, the City Council of the City of St. Louis Park, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,755,000 General Obligation Bonds, Series 2010C and $13,140,000 Taxable General Obligation Bonds (Build America Bonds), Series 2010D (the "Bonds"), to refund the outstanding maturities of the $4,505,000 GO Bonds, Series 2000A and to pay for the acquisition of land and construction of two new fire stations respectively in the City; WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 P.M. on December 6, 2010, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Reviewed for Administration: Adopted by the City Council November 15, 2010 City Manager Mayor Attest: City Clerk November 15, 2010 Pre-Sale Report - $1,755,000 General Obligation Bonds, Series 2010C (Louisiana Court) - $13,140,000 Taxable General Obligation Bonds (Build America Bonds), Series 2010D (Fire Stations) City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 5 Proposed Issues: Series 2010C: $1,755,000 General Obligation Bonds Series 2010D: $13,140,000 Taxable General Obligation Bonds (Build America Bonds) Purpose: Series 2010C: The 2010C Bonds are being issued to provide funds sufficient for a current refunding of the G.O. Bonds Series 2000A, which were issued in the amount of $4,505,000 for the acquisition and rehabilitation of the Louisiana Court Apartments. The 2000A Bonds are callable in the amount of $3,665,000 on February 1, 2011, and mature on February 1 in the years 2012 through 2030. Outstanding interest rates are 5.40% to 5.90%. Series 2010D: The 2010D bonds are being issued to finance the construction of two fire stations in the City. Term/Call Feature: Series 2010C: The 2010C Bonds are being issued for a 30-year period. Principal on the Bonds will be due on February 1 in the years 2012 through 2040. Bonds maturing on February 1, 2021, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2020. Series 2010D: The 2010D Bonds are being issued for a 20-year period. Principal on the 2010D Bonds will be due on February 1 and August 1 in the years 2013 through 2032. Bonds maturing February 1, 2021, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2020. Funding Sources: Series 2010C: The 2010C Bonds are being paid from revenues generated from Louisiana Court Apartments. Series 2010D: To cover the required 105% coverage on the bonds, it is the intent of the City to levy property taxes beginning with taxes payable in 2012. The annual levy, after the 35 percent rebate, is expected to be approximately $910,000. Discussion Issues: Series 2010C: Louisiana Court has always made its bond payment obligations to the City, but has had negative cash flow issues due to higher than expected vacancies. In order to assist the project to have a positive cash flow, various funding sources have come together to provide dollars to “buy down” the existing 2000A Bonds and to set aside funds for needed capital improvements. The 2010C Bonds are being reduced by approximately $1.9 million (funds are coming from various funding sources), which will provide annual savings of approximately $219,000 to the project. Since these are private activity bonds, they are limited to utilizing Bond proceeds to pay for more than 2% of the Cost of Issuance (COI) of the par amount of the Bonds. This 2% limit would equate to approximately $35,100. Currently COI is estimated at $70,713, meaning that approximately $35,613 of COI would have to come from the other various funding sources, which are available to the project. Series 2010D: Proceeds of the 2010D Bond must be spent on capital costs. If capital project costs are less than expected resulting in unspent BAB proceeds, those proceeds must be expended for capital expenditures (unlike unspent City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 6 proceeds from ordinary tax-exempt issues, which can be transferred to the debt service account and use to pay debt principal and interest of the obligation). The 2010D Bonds are also limited in utilizing bond proceeds to pay for more than 2% of the Cost of Issuance (COI). This 2% limit would equate to approximately $262,800. Currently COI is estimated at $249,250, which is below the 2% threshold. Risk Factors: Series 2010C: The Bonds are being paid by revenues generated from Louisiana Court. Since the original bonds were issued in 2000, Louisiana Court has always paid the City on time in order for the City to pay the debt service on the bonds. In order to provide security to the City for issuing the prior bonds and these Bonds, the City has a first mortgage on the property and will maintain a one-year debt service reserve fund of approximately $107,000. Series 2010D: Payment Risk – Sufficiency of Refundable Tax Credit. The issuer’s ability to benefit from the BAB designation is contingent on the continued payment of the refundable tax credit by the Treasury. While unlikely, the Federal Government could in the future eliminate the 35% refundable tax credit payment to the BAB issuer, or could reduce the amount of the subsidy. Since the issuer would still be responsible for payment of the full interest due on the obligation, any elimination or reduction in the subsidy amount would increase the issuer’s cost of financing. While issuers and investors initially expressed concern with respect to the Federal Government’s long-term commitment to payment of the refundable tax credit, most market participants now acknowledge that the probability that the payment will be reduced or eliminated is no greater than the risk of a change in the tax exemption for traditional municipal bonds However, with traditional municipal bonds the investor accepts the risk that tax treatment could change, whereas with Direct Payment BABs the issuer bears this risk. To mitigate the risk of the refundable tax credit being eliminated or reduced, we recommend inclusion of an “Extraordinary Call Feature” that allows the issuer to refund the BAB should either of these circumstances arise. Our analysis indicates that inclusion of this special call feature has not materially affected the interest rate an issuer will pay. While the extraordinary call feature provides protection to the issuer should the refundable tax credit be reduced or eliminated, the issuer would still be subject to refunding at whatever current market rates are at that time (Interest Rate risk). Payment Risk – Timing of Refundable Tax Credit. To receive the refundable tax credit, the issuer must file IRS Form 8038-CP no sooner than 90 days, and no later than 45 days, prior to the interest payment date. The Treasury has indicated that payments to the issuer will be made within 30 days of receipt of the filing. The refundable tax credit payment should therefore be received by the issuer at least 15 days prior to the interest payment date. If, however, payment of the refundable tax credit is delayed for any reason, the issuer may have insufficient funds to make the interest payment on the due date. Prior to designating an issue as a BAB, the issuer should consider whether or not it has sufficient funds available from other sources that could be applied to make scheduled interest payments on an interim basis (as part of the credit rating process for BAB issues, Standard & Poor’s is now requesting issuers for written City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 7 verification of this). To reduce the likelihood of an inadvertent late filing, we recommend that issuers consider engaging a paying or filing agent to prepare and file the 8038-CP on their behalf. Post-Issuance Compliance/Relationship to the IRS. Early analysis of the BAB program guidance suggested that participation could change the relationship between the issuer and the IRS with respect to post-issuance compliance activities. In February of 2010, the IRS published Form 14127 (Direct Pay Bonds Compliance Questionnaire) that all BAB issuers will be required to complete following issuance. The form requires issuers to detail their policies or procedures that ensure proceeds of BABs are used in accordance with program requirements. A copy of the IRS form is attached. While traditional tax-exempt bond issues have always been subject to audit for review of these same considerations, the ability to withhold future refundable tax credit payments in the event of asserted non-compliance provides the IRS with a substantially more direct enforcement mechanism. We strongly recommend that prior to issuance of BABs, issuers review and make arrangements to monitor and comply with all post-issuance responsibilities, to include the preparation of arbitrage rebate calculations. In determining the cost benefit of BAB use versus traditional tax-exempt bonds, the issuer should consider the potential for increased costs of post-issuance compliance. Refundable Tax Credit Offset. Since the refundable tax credit payments are considered to be tax refunds under IRS rules, amounts paid may be reduced by any amount the issuer may owe to the Federal government. This may result in the issuer receiving a smaller payment than expected and a need to utilize other funds to make scheduled debt service payments. Issuers that may owe the Federal government money should consider the possibility that payments will be offset by amounts owed. Regulatory Uncertainty. IRS Notice 2009-26 provided guidance “intended to facilitate prompt implementation of the Build America Bond program and to enable state and local governments to begin issuing these bonds for authorized purposes to promote economic recovery and job creation.” Final regulations pertaining to the BAB program have not been published. Reliance on the information found in Notice 2009-26 or obtained from other sources presents the risk that final regulations may provide a different or contrary interpretation than that used by the issuer in determining to proceed with issuance of a BAB. City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 8 Bank Qualification and Arbitrage: Series 2010C: Because these are private activity bonds, bank qualification is not a factor. The City will need to keep the debt service fund within IRS parameters to avoid penalties for carrying too high of a balance during the life of the issue. Series 2010D: Although BABs are issued on a taxable basis, they are treated as tax-exempt obligations for purposes of compliance with the arbitrage provisions of Internal Revenue Code of 1986 and applicable Treasury regulations. The “arbitrage yield” is based on the net interest cost – the full taxable interest less the 35% federal payment. Because these Bonds are taxable, bank qualification is not a factor. Authority and Rating: Series 2010C: The Bonds are being issued pursuant to Minnesota Statues, Chapter 475 and City Charter. Series 2010D: The Bonds are being issued pursuant to Minnesota Statues, Chapter 475 and the City Charter. Both Bonds are anticipated to be rated by Standard & Poor’s at a “AAA” level. Debt Limit The 2010D Bonds are subject to the City’s Charter which limits the City from incurring debt in excess of 3% of the assessor’s taxable market value for the City. The City’s 2010 TMV is approximately $5,350,000,000. Therefore, the total amount of outstanding debt paid 100% by a tax levy cannot exceed over $160 million. City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 9 Proposed Debt Issuance Schedule Attachments: Sources and Uses of Funds Proposed Debt Service Schedules and Savings Analysis Ehlers Contacts: Financial Advisors: Mark Ruff Stacie Kvilvang (651) 697-8505 (651-697-8506 Bond Analysts: Diana Lockard Debbie Holmes (651) 697-8534 (651) 697-8536 Bond Sale Coordinator: Connie Kuck (651) 697-8527 The Official Statement for this financing will be e-mailed to the Council Members at their home address for review prior to the sale date. Pre-Sale Review: November 15, 2010 Distribute Official Statement to S & P: November 18, 2010 Distribute Official Statement to City Council: November 24, 2010 Rating Agency Conference Week of November 22, 2010 Sale of Bonds: December 6, 2010 TEFRA & Housing Program Public Hearing (Series 2010C) December 6, 2010 Council award of sale December 6, 2010 Estimated Closing Date: December 29, 2010 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 10 St Louis Park, MN $1,755,000 G.O. Refunding Bonds, Series 2010 Current Refunding of $4,505,000 G.O. Bonds, Series 2000A 30 Years - 1 Year DSR Table of Contents Report Sources & Uses 1 Prior Original Debt Service 2 Debt Service Schedule 3 Debt Service Comparison 5 Current Refunding Escrow 6 2010 cur Ref of Ser 00A $ | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 11 St Louis Park, MN $1,755,000 G.O. Refunding Bonds, Series 2010 Current Refunding of $4,505,000 G.O. Bonds, Series 2000A 30 Years - 1 Year DSR Sources & Uses Dated 12/29/2010 | Delivered 12/29/2010 Sources Of Funds Par Amount of Bonds $1,755,000.00 Transfers from Prior Issue DSR Funds 326,435.00 Transfers from Prior Issue BCF Funds 32,000.00 Planned Issuer Equity contribution 1,010,000.00 St Louis Park TIF Funds 500,000.00 Hennepin County 550,000.00 MHFA & MHFA PARIF 900,000.00 Family Housing Fund 100,000.00 Total Sources $5,173,435.00 Uses Of Funds Total Underwriter's Discount (1.750%)30,712.50 Costs of Issuance 40,000.00 Deposit to Debt Service Reserve Fund (DSRF)106,755.00 Deposit to Current Refunding Fund 3,664,590.38 Capital Improvements 579,272.00 Projected 2010 Deficit 191,460.00 FHF Financing Fees 66,000.00 Refund Replacement & Operations Reserve 450,000.00 Capital Improvements 42,000.00 Rounding Amount 2,645.12 Total Uses $5,173,435.00 2010 cur Ref of Ser 00A $ | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance Page 1 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 12 St. Louis Park, MN $4,505,000 G.O. Bonds, Series 2000A Louisiana Court Project Prior Original Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 02/01/2011 ----- 08/01/2011 --106,771.25 106,771.25 - 02/01/2012 110,000.00 5.400%106,771.25 216,771.25 323,542.50 08/01/2012 --103,801.25 103,801.25 - 02/01/2013 115,000.00 5.500%103,801.25 218,801.25 322,602.50 08/01/2013 --100,638.75 100,638.75 - 02/01/2014 125,000.00 5.600%100,638.75 225,638.75 326,277.50 08/01/2014 --97,138.75 97,138.75 - 02/01/2015 130,000.00 5.650%97,138.75 227,138.75 324,277.50 08/01/2015 --93,466.25 93,466.25 - 02/01/2016 140,000.00 5.700%93,466.25 233,466.25 326,932.50 08/01/2016 --89,476.25 89,476.25 - 02/01/2017 145,000.00 5.750%89,476.25 234,476.25 323,952.50 08/01/2017 --85,307.50 85,307.50 - 02/01/2018 155,000.00 5.750%85,307.50 240,307.50 325,615.00 08/01/2018 --80,851.25 80,851.25 - 02/01/2019 165,000.00 5.800%80,851.25 245,851.25 326,702.50 08/01/2019 --76,066.25 76,066.25 - 02/01/2020 175,000.00 5.850%76,066.25 251,066.25 327,132.50 08/01/2020 --70,947.50 70,947.50 - 02/01/2021 185,000.00 5.900%70,947.50 255,947.50 326,895.00 08/01/2021 --65,490.00 65,490.00 - 02/01/2022 195,000.00 5.900%65,490.00 260,490.00 325,980.00 08/01/2022 --59,737.50 59,737.50 - 02/01/2023 205,000.00 5.900%59,737.50 264,737.50 324,475.00 08/01/2023 --53,690.00 53,690.00 - 02/01/2024 215,000.00 5.900%53,690.00 268,690.00 322,380.00 08/01/2024 --47,347.50 47,347.50 - 02/01/2025 230,000.00 5.900%47,347.50 277,347.50 324,695.00 08/01/2025 --40,562.50 40,562.50 - 02/01/2026 245,000.00 5.900%40,562.50 285,562.50 326,125.00 08/01/2026 --33,335.00 33,335.00 - 02/01/2027 260,000.00 5.900%33,335.00 293,335.00 326,670.00 08/01/2027 --25,665.00 25,665.00 - 02/01/2028 275,000.00 5.900%25,665.00 300,665.00 326,330.00 08/01/2028 --17,552.50 17,552.50 - 02/01/2029 290,000.00 5.900%17,552.50 307,552.50 325,105.00 08/01/2029 --8,997.50 8,997.50 - 02/01/2030 305,000.00 5.900%8,997.50 313,997.50 322,995.00 Total $3,665,000.00 -$2,513,685.00 $6,178,685.00 - Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 12/29/2010 Average Life 11.761 Years Average Coupon 5.8314340% Weighted Average Maturity (Par Basis) 11.761 Years Refunding Bond Information Refunding Dated Date 12/29/2010 Refunding Delivery Date 12/29/2010 Ser 00A $4.505M GO Bds | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance Page 2 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 13 St Louis Park, MN $1,755,000 G.O. Refunding Bonds, Series 2010 Current Refunding of $4,505,000 G.O. Bonds, Series 2000A 30 Years - 1 Year DSR Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 12/29/2010 ----- 08/01/2011 --38,246.86 38,246.86 - 02/01/2012 35,000.00 0.900%32,473.75 67,473.75 105,720.61 08/01/2012 --32,316.25 32,316.25 - 02/01/2013 40,000.00 1.100%32,316.25 72,316.25 104,632.50 08/01/2013 --32,096.25 32,096.25 - 02/01/2014 40,000.00 1.450%32,096.25 72,096.25 104,192.50 08/01/2014 --31,806.25 31,806.25 - 02/01/2015 40,000.00 1.800%31,806.25 71,806.25 103,612.50 08/01/2015 --31,446.25 31,446.25 - 02/01/2016 40,000.00 2.200%31,446.25 71,446.25 102,892.50 08/01/2016 --31,006.25 31,006.25 - 02/01/2017 40,000.00 2.500%31,006.25 71,006.25 102,012.50 08/01/2017 --30,506.25 30,506.25 - 02/01/2018 45,000.00 2.700%30,506.25 75,506.25 106,012.50 08/01/2018 --29,898.75 29,898.75 - 02/01/2019 45,000.00 2.900%29,898.75 74,898.75 104,797.50 08/01/2019 --29,246.25 29,246.25 - 02/01/2020 45,000.00 3.050%29,246.25 74,246.25 103,492.50 08/01/2020 --28,560.00 28,560.00 - 02/01/2021 45,000.00 3.200%28,560.00 73,560.00 102,120.00 08/01/2021 --27,840.00 27,840.00 - 02/01/2022 50,000.00 3.350%27,840.00 77,840.00 105,680.00 08/01/2022 --27,002.50 27,002.50 - 02/01/2023 50,000.00 3.450%27,002.50 77,002.50 104,005.00 08/01/2023 --26,140.00 26,140.00 - 02/01/2024 50,000.00 3.550%26,140.00 76,140.00 102,280.00 08/01/2024 --25,252.50 25,252.50 - 02/01/2025 55,000.00 3.650%25,252.50 80,252.50 105,505.00 08/01/2025 --24,248.75 24,248.75 - 02/01/2026 55,000.00 3.750%24,248.75 79,248.75 103,497.50 08/01/2026 --23,217.50 23,217.50 - 02/01/2027 60,000.00 3.850%23,217.50 83,217.50 106,435.00 08/01/2027 --22,062.50 22,062.50 - 02/01/2028 60,000.00 3.950%22,062.50 82,062.50 104,125.00 08/01/2028 --20,877.50 20,877.50 - 02/01/2029 65,000.00 4.050%20,877.50 85,877.50 106,755.00 08/01/2029 --19,561.25 19,561.25 - 02/01/2030 65,000.00 4.100%19,561.25 84,561.25 104,122.50 08/01/2030 --18,228.75 18,228.75 - 02/01/2031 70,000.00 4.250%18,228.75 88,228.75 106,457.50 08/01/2031 --16,741.25 16,741.25 - 02/01/2032 70,000.00 4.300%16,741.25 86,741.25 103,482.50 2010 cur Ref of Ser 00A $ | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance Page 3 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 14 St Louis Park, MN $1,755,000 G.O. Refunding Bonds, Series 2010 Current Refunding of $4,505,000 G.O. Bonds, Series 2000A 30 Years - 1 Year DSR Debt Service Schedule Part 2 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 08/01/2032 --15,236.25 15,236.25 - 02/01/2033 75,000.00 4.350%15,236.25 90,236.25 105,472.50 08/01/2033 --13,605.00 13,605.00 - 02/01/2034 75,000.00 4.350%13,605.00 88,605.00 102,210.00 08/01/2034 --11,973.75 11,973.75 - 02/01/2035 80,000.00 4.400%11,973.75 91,973.75 103,947.50 08/01/2035 --10,213.75 10,213.75 - 02/01/2036 85,000.00 4.400%10,213.75 95,213.75 105,427.50 08/01/2036 --8,343.75 8,343.75 - 02/01/2037 90,000.00 4.450%8,343.75 98,343.75 106,687.50 08/01/2037 --6,341.25 6,341.25 - 02/01/2038 90,000.00 4.450%6,341.25 96,341.25 102,682.50 08/01/2038 --4,338.75 4,338.75 - 02/01/2039 95,000.00 4.450%4,338.75 99,338.75 103,677.50 08/01/2039 --2,225.00 2,225.00 - 02/01/2040 100,000.00 4.450%2,225.00 102,225.00 104,450.00 Total $1,755,000.00 -$1,271,385.61 $3,026,385.61 - Yield Statistics Bond Year Dollars $30,921.00 Average Life 17.619 Years Average Coupon 4.1117222% Net Interest Cost (NIC)4.2110479% True Interest Cost (TIC)4.1978663% Bond Yield for Arbitrage Purposes 4.0498114% All Inclusive Cost (AIC)4.3966923% IRS Form 8038 Net Interest Cost 4.1117222% Weighted Average Maturity 17.619 Years 2010 cur Ref of Ser 00A $ | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance Page 4 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 15 St Louis Park, MN $1,755,000 G.O. Refunding Bonds, Series 2010 Current Refunding of $4,505,000 G.O. Bonds, Series 2000A 30 Years - 1 Year DSR Debt Service Comparison Date Total P+I DSR Net New D/S Old Net D/S Savings 02/01/2011 -(94.70)(94.70)-94.70 02/01/2012 105,720.61 (1,067.56)104,653.05 320,278.14 215,625.09 02/01/2013 104,632.50 (1,067.56)103,564.94 319,338.14 215,773.20 02/01/2014 104,192.50 (1,067.56)103,124.94 323,013.14 219,888.20 02/01/2015 103,612.50 (1,067.56)102,544.94 321,013.14 218,468.20 02/01/2016 102,892.50 (1,067.56)101,824.94 323,668.14 221,843.20 02/01/2017 102,012.50 (1,067.56)100,944.94 320,688.14 219,743.20 02/01/2018 106,012.50 (1,067.56)104,944.94 322,350.64 217,405.70 02/01/2019 104,797.50 (1,067.56)103,729.94 323,438.14 219,708.20 02/01/2020 103,492.50 (1,067.56)102,424.94 323,868.14 221,443.20 02/01/2021 102,120.00 (1,067.56)101,052.44 323,630.64 222,578.20 02/01/2022 105,680.00 (1,067.56)104,612.44 322,715.64 218,103.20 02/01/2023 104,005.00 (1,067.56)102,937.44 321,210.64 218,273.20 02/01/2024 102,280.00 (1,067.56)101,212.44 319,115.64 217,903.20 02/01/2025 105,505.00 (1,067.56)104,437.44 321,430.64 216,993.20 02/01/2026 103,497.50 (1,067.56)102,429.94 322,860.64 220,430.70 02/01/2027 106,435.00 (1,067.56)105,367.44 323,405.64 218,038.20 02/01/2028 104,125.00 (1,067.56)103,057.44 323,065.64 220,008.20 02/01/2029 106,755.00 (1,067.56)105,687.44 321,840.64 216,153.20 02/01/2030 104,122.50 (1,067.56)103,054.94 (6,704.36)(109,759.30) 02/01/2031 106,457.50 (1,067.56)105,389.94 -(105,389.94) 02/01/2032 103,482.50 (1,067.56)102,414.94 -(102,414.94) 02/01/2033 105,472.50 (1,067.56)104,404.94 -(104,404.94) 02/01/2034 102,210.00 (1,067.56)101,142.44 -(101,142.44) 02/01/2035 103,947.50 (1,067.56)102,879.94 -(102,879.94) 02/01/2036 105,427.50 (1,067.56)104,359.94 -(104,359.94) 02/01/2037 106,687.50 (1,067.56)105,619.94 -(105,619.94) 02/01/2038 102,682.50 (1,067.56)101,614.94 -(101,614.94) 02/01/2039 103,677.50 (1,067.56)102,609.94 -(102,609.94) 02/01/2040 104,450.00 (107,822.56)(3,372.56)-3,372.56 Total $3,026,385.61 (137,808.94)$2,888,576.67 $5,790,227.16 $2,901,650.49 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings.....................2,433,521.63 Effects of changes in DSR investments.............(136,348.78) Net PV Cashflow Savings @ 4.397%(AIC)............2,297,172.85 Total Cash contribution...........................(1,510,000.00) Contingency or Rounding Amount....................2,645.12 Net Present Value Benefit $789,817.97 Net PV Benefit / $4,241,744.56 PV Refunded Debt Service 18.620% Net PV Benefit / $3,665,000 Refunded Principal...21.550% Net PV Benefit / $1,755,000 Refunding Principal..45.004% Refunding Bond Information Refunding Dated Date 12/29/2010 Refunding Delivery Date 12/29/2010 2010 cur Ref of Ser 00A $ | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance Page 5 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 16 St Louis Park, MN $1,755,000 G.O. Refunding Bonds, Series 2010 Current Refunding of $4,505,000 G.O. Bonds, Series 2000A 30 Years - 1 Year DSR Current Refunding Escrow Date Principal Rate Interest +Transfers Receipts Disbursements Cash Balance 12/29/2010 ----0.38 -0.38 02/01/2011 3,306,155.00 0.120% 369.56 358,475.06 3,664,999.62 3,665,000.00 - Total $3,306,155.00 -$369.56 $358,475.06 $3,665,000.00 $3,665,000.00 - Investment Parameters Investment Model [PV, GIC, or Securities]Securities Default investment yield target Bond Yield Cost of Investments Purchased with Fund Transfers 358,435.00 Cash Deposit 0.38 Cost of Investments Purchased with Bond Proceeds 3,306,155.00 Total Cost of Investments $3,664,590.38 Target Cost of Investments at bond yield $3,294,761.89 Actual positive or (negative) arbitrage (11,393.49) Yield to Receipt 0.1257843% Yield for Arbitrage Purposes 4.0498114% State and Local Government Series (SLGS) rates for 10/25/2010 2010 cur Ref of Ser 00A $ | SINGLE PURPOSE | 11/ 5/2010 | 10:40 AM Ehlers Leaders in Public Finance Page 6 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 17 St Louis Park, MN $13,140,000 Taxable G.O. Bonds, Series 2010 Build America Bonds $12,500,000 Net Proceeds Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 4 Ser 2010 BAB | SINGLE PURPOSE | 11/ 5/2010 | 10:46 AM Ehlers Leaders in Public Finance City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 18 St Louis Park, MN $13,140,000 Taxable G.O. Bonds, Series 2010 Build America Bonds $12,500,000 Net Proceeds Sources & Uses Dated 12/29/2010 | Delivered 12/29/2010 Sources Of Funds Par Amount of Bonds $13,140,000.00 Total Sources $13,140,000.00 Uses Of Funds Total Underwriter's Discount (1.250%)164,250.00 Costs of Issuance 85,000.00 Deposit to Capitalized Interest (CIF) Fund 386,892.57 Deposit to Project Construction Fund 12,500,000.00 Rounding Amount 3,857.43 Total Uses $13,140,000.00 Ser 2010 BAB | SINGLE PURPOSE | 11/ 5/2010 | 10:46 AM Ehlers Leaders in Public Finance Page 1 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 19 St Louis Park, MN $13,140,000 Taxable G.O. Bonds, Series 2010 Build America Bonds $12,500,000 Net Proceeds Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest LOC Total P+I Fiscal Total 12/29/2010 ------ 08/01/2011 --321,904.33 (112,666.51)209,237.82 - 02/01/2012 --273,315.00 (95,660.25)177,654.75 386,892.57 08/01/2012 - - 273,315.00 (95,660.25)177,654.75 - 02/01/2013 530,000.00 1.850%273,315.00 (95,660.25)707,654.75 885,309.50 08/01/2013 - - 268,412.50 (93,944.37)174,468.13 - 02/01/2014 540,000.00 2.050%268,412.50 (93,944.37)714,468.13 888,936.26 08/01/2014 - - 262,877.50 (92,007.12)170,870.38 - 02/01/2015 545,000.00 2.350%262,877.50 (92,007.12)715,870.38 886,740.76 08/01/2015 - - 256,473.75 (89,765.81)166,707.94 - 02/01/2016 555,000.00 2.700%256,473.75 (89,765.81)721,707.94 888,415.88 08/01/2016 - - 248,981.25 (87,143.43)161,837.82 - 02/01/2017 565,000.00 2.950%248,981.25 (87,143.43)726,837.82 888,675.64 08/01/2017 - - 240,647.50 (84,226.62)156,420.88 - 02/01/2018 575,000.00 3.150%240,647.50 (84,226.62)731,420.88 887,841.76 08/01/2018 - - 231,591.25 (81,056.93)150,534.32 - 02/01/2019 585,000.00 3.400%231,591.25 (81,056.93)735,534.32 886,068.64 08/01/2019 - - 221,646.25 (77,576.18)144,070.07 - 02/01/2020 600,000.00 3.600%221,646.25 (77,576.18)744,070.07 888,140.14 08/01/2020 - - 210,846.25 (73,796.18)137,050.07 - 02/01/2021 610,000.00 3.850%210,846.25 (73,796.18)747,050.07 884,100.14 08/01/2021 - - 199,103.75 (69,686.31)129,417.44 - 02/01/2022 630,000.00 4.050%199,103.75 (69,686.31)759,417.44 888,834.88 08/01/2022 - - 186,346.25 (65,221.18)121,125.07 - 02/01/2023 645,000.00 4.250%186,346.25 (65,221.18)766,125.07 887,250.14 08/01/2023 - - 172,640.00 (60,424.00)112,216.00 - 02/01/2024 660,000.00 4.450%172,640.00 (60,424.00)772,216.00 884,432.00 08/01/2024 - - 157,955.00 (55,284.25)102,670.75 - 02/01/2025 680,000.00 4.650%157,955.00 (55,284.25)782,670.75 885,341.50 08/01/2025 - - 142,145.00 (49,750.75)92,394.25 - 02/01/2026 700,000.00 4.850%142,145.00 (49,750.75)792,394.25 884,788.50 08/01/2026 - - 125,170.00 (43,809.50)81,360.50 - 02/01/2027 725,000.00 5.000%125,170.00 (43,809.50)806,360.50 887,721.00 08/01/2027 - - 107,045.00 (37,465.75)69,579.25 - 02/01/2028 745,000.00 5.100%107,045.00 (37,465.75)814,579.25 884,158.50 08/01/2028 - - 88,047.50 (30,816.62)57,230.88 - 02/01/2029 770,000.00 5.200%88,047.50 (30,816.62)827,230.88 884,461.76 08/01/2029 - - 68,027.50 (23,809.62)44,217.88 - 02/01/2030 800,000.00 5.350%68,027.50 (23,809.62)844,217.88 888,435.76 08/01/2030 - - 46,627.50 (16,319.62)30,307.88 - 02/01/2031 825,000.00 5.500%46,627.50 (16,319.62)855,307.88 885,615.76 08/01/2031 - - 23,940.00 (8,379.00)15,561.00 - 02/01/2032 855,000.00 5.600%23,940.00 (8,379.00)870,561.00 886,122.00 Total $13,140,000.00 -$7,658,896.83 (2,680,613.74)$18,118,283.09 - Ser 2010 BAB | SINGLE PURPOSE | 11/ 5/2010 | 10:46 AM Ehlers Leaders in Public Finance Page 2 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 20 St Louis Park, MN $13,140,000 Taxable G.O. Bonds, Series 2010 Build America Bonds $12,500,000 Net Proceeds Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars $163,448.00 Average Life 12.439 Years Average Coupon 4.6858309% Net Interest Cost (NIC)4.7863215% True Interest Cost (TIC)4.7333133% Bond Yield for Arbitrage Purposes 3.0061791% All Inclusive Cost (AIC)3.1966128% IRS Form 8038 Net Interest Cost 4.6858309% Weighted Average Maturity 12.439 Years Ser 2010 BAB | SINGLE PURPOSE | 11/ 5/2010 | 10:46 AM Ehlers Leaders in Public Finance Page 3 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 21 St Louis Park, MN $13,140,000 Taxable G.O. Bonds, Series 2010 Build America Bonds $12,500,000 Net Proceeds Net Debt Service Schedule Date Principal Coupon Interest LOC Total P+I CIF Net New D/S Fiscal Total 12/29/2010 - ------- 08/01/2011 - - 321,904.33 (112,666.51)209,237.82 (209,237.81)0.01 - 02/01/2012 - - 273,315.00 (95,660.25)177,654.75 (177,654.76)(0.01)(0.00) 08/01/2012 - - 273,315.00 (95,660.25)177,654.75 - 177,654.75 - 02/01/2013 530,000.00 1.850% 273,315.00 (95,660.25)707,654.75 - 707,654.75 885,309.50 08/01/2013 - - 268,412.50 (93,944.37)174,468.13 - 174,468.13 - 02/01/2014 540,000.00 2.050% 268,412.50 (93,944.37)714,468.13 - 714,468.13 888,936.26 08/01/2014 - - 262,877.50 (92,007.12)170,870.38 - 170,870.38 - 02/01/2015 545,000.00 2.350% 262,877.50 (92,007.12)715,870.38 - 715,870.38 886,740.76 08/01/2015 - - 256,473.75 (89,765.81)166,707.94 - 166,707.94 - 02/01/2016 555,000.00 2.700% 256,473.75 (89,765.81)721,707.94 - 721,707.94 888,415.88 08/01/2016 - - 248,981.25 (87,143.43)161,837.82 - 161,837.82 - 02/01/2017 565,000.00 2.950% 248,981.25 (87,143.43)726,837.82 - 726,837.82 888,675.64 08/01/2017 - - 240,647.50 (84,226.62)156,420.88 - 156,420.88 - 02/01/2018 575,000.00 3.150% 240,647.50 (84,226.62)731,420.88 - 731,420.88 887,841.76 08/01/2018 - - 231,591.25 (81,056.93)150,534.32 - 150,534.32 - 02/01/2019 585,000.00 3.400% 231,591.25 (81,056.93)735,534.32 - 735,534.32 886,068.64 08/01/2019 - - 221,646.25 (77,576.18)144,070.07 - 144,070.07 - 02/01/2020 600,000.00 3.600% 221,646.25 (77,576.18)744,070.07 - 744,070.07 888,140.14 08/01/2020 - - 210,846.25 (73,796.18)137,050.07 - 137,050.07 - 02/01/2021 610,000.00 3.850% 210,846.25 (73,796.18)747,050.07 - 747,050.07 884,100.14 08/01/2021 - - 199,103.75 (69,686.31)129,417.44 - 129,417.44 - 02/01/2022 630,000.00 4.050% 199,103.75 (69,686.31)759,417.44 - 759,417.44 888,834.88 08/01/2022 - - 186,346.25 (65,221.18)121,125.07 - 121,125.07 - 02/01/2023 645,000.00 4.250% 186,346.25 (65,221.18)766,125.07 - 766,125.07 887,250.14 08/01/2023 - - 172,640.00 (60,424.00)112,216.00 - 112,216.00 - 02/01/2024 660,000.00 4.450% 172,640.00 (60,424.00)772,216.00 - 772,216.00 884,432.00 08/01/2024 - - 157,955.00 (55,284.25)102,670.75 - 102,670.75 - 02/01/2025 680,000.00 4.650% 157,955.00 (55,284.25)782,670.75 - 782,670.75 885,341.50 08/01/2025 - - 142,145.00 (49,750.75)92,394.25 - 92,394.25 - 02/01/2026 700,000.00 4.850% 142,145.00 (49,750.75)792,394.25 - 792,394.25 884,788.50 08/01/2026 - - 125,170.00 (43,809.50)81,360.50 - 81,360.50 - 02/01/2027 725,000.00 5.000% 125,170.00 (43,809.50)806,360.50 - 806,360.50 887,721.00 08/01/2027 - - 107,045.00 (37,465.75)69,579.25 - 69,579.25 - 02/01/2028 745,000.00 5.100% 107,045.00 (37,465.75)814,579.25 - 814,579.25 884,158.50 08/01/2028 - - 88,047.50 (30,816.62)57,230.88 - 57,230.88 - 02/01/2029 770,000.00 5.200% 88,047.50 (30,816.62)827,230.88 - 827,230.88 884,461.76 08/01/2029 - - 68,027.50 (23,809.62)44,217.88 - 44,217.88 - 02/01/2030 800,000.00 5.350% 68,027.50 (23,809.62)844,217.88 - 844,217.88 888,435.76 08/01/2030 - - 46,627.50 (16,319.62)30,307.88 - 30,307.88 - 02/01/2031 825,000.00 5.500% 46,627.50 (16,319.62)855,307.88 - 855,307.88 885,615.76 08/01/2031 - - 23,940.00 (8,379.00)15,561.00 - 15,561.00 - 02/01/2032 855,000.00 5.600% 23,940.00 (8,379.00)870,561.00 - 870,561.00 886,122.00 Total $13,140,000.00 -$7,658,896.83 (2,680,613.74)$18,118,283.09 (386,892.57)$17,731,390.52 - Ser 2010 BAB | SINGLE PURPOSE | 11/ 5/2010 | 10:46 AM Ehlers Leaders in Public Finance Page 4 City Council Meeting of November 15, 2010 (Item No. 8b) Subject: Presale Review of G.O. Bonds for Louisiana Crt – Series 2010C & Fire Stations – Series 2010D Page 22 Meeting Date: November 15, 2010 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Utility Rates - 2011. RECOMMENDED ACTION: Continue the discussion regarding 2011 water, sewer, storm drainage, garbage and recycling rates and the interest in pursuing the policy question of assuming ownership of water service lines. POLICY CONSIDERATION: • Is there another water rate structure Council would like staff to evaluate? • Are the Sewer, Storm Water and Garbage and Recycling rates recommended for 2011 acceptable to Council? • Does the City Council want to further consider a program to assume ownership of water service lines from the water main to the right of way line? • Is there any other information Council would like staff to prepare regarding Utility Rates for 2011? BACKGROUND: This is a continued discussion on water rates from the January 25th information from Ehler’s and Associates and October 25th PCE (Progressive Consulting Engineers). Both studies show the Water Utility Fund will require rate increases of about 7% annually for the foreseeable future under the current rate structure or the use of an alternative structure for water rates to fund capital improvements for the future. Water rate program recommendation: Based on the discussion with Council at the October meeting on water rates, staff used comments heard along with data from both the Ehlers and PCE studies to develop a 10 year phase in approach for water rates. This approach uses current rate structures in place and increases the fixed fee over 10 years to reach the PCE recommended fixed rate. Rates in this phased approach include meeting the anticipated higher level capital needs (not including ownership of water service lines) and the targeted cash balance of 35% by 2020. This report is designed to help answer questions and aid discussion on setting utility rates for 2011. What is the overall outlook? • The city is in a good position as it is planning for the future. • Rates need to be increased to continue to support operations and future capital needs. • The Water Fund has an aggressive capital improvement plan and generally functions on a pay as you go basis. (In the past rates did not increase on a consistent basis or as aggressively as they needed to pay for capital without issuing debt.). • This Fund covers significant expenses for mitigation related to the Reilly Tar Super Fund site. • The City of St. Louis Park has relatively low utility debt outstanding per capita when compared to some other communities. This amount includes the $4 million bond issue Special Study Session Meeting of November 15, 2010 (Item No. 2) Page 2 Subject: Utility Rates - 2011 for the Municipal Service Center undertaken in 2008. Even factoring this in, the City of St. Louis Park still is very favorable in terms of its debt. What were the criteria or assumptions used for the PCE (Progressive Consulting Engineers) study? The recommendations in the PCE study sets the cash balance at 35% of total annual costs by 2020 for this fund. The operation and maintenance expenses inflate at an annual rate of 3% through 2020. It continues using DNR rate guidelines (tiers for conservation purposes). They assume users pay for their actual respective costs (residential, commercial, and irrigation). This is a change they recommend from our current practice. What is the PCE recommendation regarding fixed costs in this study? A basic finding from the study is that fixed costs to provide water to its customer are not covered by the fixed rate currently charged to customers. (This fixed rate has stayed the same for over 8 years.) The PCE study recommends the city increase its fixed rate significantly to better cover fixed costs as well as retain the concept of residential tiered rates (conservation rates). Separate commercial and irrigation rates are also recommended to move to a policy position where users pay for their respective costs. What are considered fixed costs and commodity (usage) costs? PCE performed the study and their recommendations were developed according to the methodology described in the American Water Works Association (AWWA) Water Rates Manual using the Base-Extra Capacity method. Definition for charges: fixed customer charge: (based on meter size) cover the customer costs such as administrative costs, meter, billing and collection costs, etc. that are not affected by the amount of water used by the customers volume-based commodity charge: covers operations and maintenance costs, capital improvement projects (CIP) and other utility expenses What capital costs are included in all options? • Meter reading system replacement of $3,000,000 is an upcoming need due to changes by manufacturer and to move to automated residential reads. • Reilly Improvements at WTP #6 - approximate cost of $2,190,000 - date uncertain. • Hwy 100 Reconstruction Improvements - approximate cost of $3,000,000 – 2016. What is not included? • Service line ownership by city is not included in the rates estimated at $600,000 annually for full citywide replacement and maintenance program. • If Council is interested in this program, further discussion is needed with Public Works on program design and implementation strategy. What options are available for Council to consider? A variety of options can be considered, as discussed at the last study session on this topic. After review and discussion, it may not be realistic to adjust the fixed rates as recommended by PCE at one time. Staff developed a wide range of options that were discussed at the last study session. Based on the discussion, staff has prepared a 10 year phase in approach that is financially viable and can be compared to the PCE study and the current rate structure. Special Study Session Meeting of November 15, 2010 (Item No. 2) Page 3 Subject: Utility Rates - 2011 Current structure, fixed rate $7.71/qtr, residential tiers 1 – 3, commercial tier 1: • Fixed rate minimal increase of $.66/quarter to $8.37 for 2011. • Larger increases to rates for usage in order to cover capital costs e.g. 5.42% per year thru 2020 (Ehlers strategy). • Includes Tiers 1, 2 and 3 for residential rates as currently used. • It will be necessary to bond $12.2 million dollars during this time if the Council wishes to implement the additional CIP projects. PCE Study to set fixed rate at $32.10/qtr: • Fixed rate adjusted in one year from $7.71 to $32.10/qtr (this is an increase in fixed rate from 2010 to 2011 of $24.39/qtr.). • Reduces the commercial and irrigation rates to better reflect their actual usage costs, and includes Tier 1, 2, 3 residential rates as previously planned. • Consultant assumes that rate increases and bonding will not be necessary thru 2020, if no additional capital costs are added in the future. • If the council decides to implement the additional CIP projects it will be necessary to bond for up to $10.7 million dollars and raise usage rates about 1.3% annually. Phase in approach – 10 years – (recommended approach) • Phase in increase in fixed rate to $32.10/quarter (PCE study recommended level) over 10 years 2011 through 2020. • Adjust rates over 10 years using current tiers, irrigation at tier 3 and current breakout of commercial rates. • It will be necessary to bond $12.2 million dollars during this time if the Council wishes to implement the additional CIP projects. • Review during year 5 (2015 for 2016 rates) and adjust if needed and confirm rates, expenditures and 2nd half of phase in based on this plan. Setting other utility rates for 2011 In setting rates for Sewer and Storm Water, we continue using the projections based on the Ehlers study on Water, Sanitary, Storm Sewer and Solid Waste Utility Rate Study from January 2010. Staff worked closely with Ehlers on this study. Public Works also reviews rates in accordance with contract requirements for solid waste and recycling. This report on other utility rates was discussed and reviewed with Council in January and February 2010. Sewer, Storm Drainage and Solid Waste rates for 2010 and 2011 recommendation are shown in the attachment. FINANCIAL OR BUDGET CONSIDERATION: This discussion is intended to provide options on how the City may adjust utility rates to ensure long-range stability in operating and maintaining our water system without requiring dramatic rate changes in any one year. The suggested timeframe for discussing the matter is as follows: • November 15 Continued discussion on rates • November 22 Continued discussion on 2011 budget including rates • December - Adopt 2011 utility rates effective January 1, 2011 • December / January - Communication of new rates Special Study Session Meeting of November 15, 2010 (Item No. 2) Page 4 Subject: Utility Rates - 2011 VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Attachments: The following are attached to assist with Study Session discussion in setting 2011 rates: A. Water Usage and Water Utility Expenses B. St Louis Park Water Utility Rate History C. PCE Model with 10 Year Projection on Water Utility D. Current Model with 10 Year Projection on Water Utility E. Phased Approach with 10 Year Projection on Water Utility - Recommended F. Water Utility All Customers with Change in Charges Based on Phased in Approach G. 2011 Water Usage Charges & Fixed Rates for all Customers Based on Phased in Approach H. Sewer, Storm Drainage and Solid Waste Rates 2010 - 2011 I. Estimated Residential Bill Using Phased in Approach and All Utilities 2010 to 2011 Prepared by: Nancy Deno Gohman, Deputy City Manager Assisted by: Steven Heintz, Finance Supervisor Assisted by: Pat Sulander, Accountant Reviewed by Mike Rardin, Public Works Director, Scott Anderson, Utilities Supt. Brian Swanson, Controller Approved by: Tom Harmening, City Manager Special Study Session Meeting of November 15, 2010 (Item No. 2) Page 5 Subject: Utility Rates - 2011 A Water Usage Actual Customer Classification 2006 2007 2008 2009 Residential Water Sold (1000 gallons) 1,268,266 1,325,336 1,210,601 1,280,651 Percent of Total Use 64 64 61 63 No. of Connections* 12,801 12,799 12,808 12,902 Average Connection Use (1000 gallons)** 99 104 95 100 Commercial/Industrial/Institutional Water Sold (1000 gallons) 653,196 652,346 692,759 625,484 Percent of Total Use 33 32 35 31 No. of Connections* 878 879 897 873 Average Connection Use (1000 gallons)** 744 742 772 716 Irrigation Water Sold (1000 gallons) 70,348 77,786 93,454 135,230 Percent of Total Use 4 4 5 7 No. of Connections* 112 116 118 148 Average Connection Use (1000 gallons)** 628 671 792 914 Total Water Sold (1000 gallons) 1,991,810 2,055,467 1,996,814 2,041,365 Percent Change 3.20% -2.85% 2.23% Water Utility Expenses Actual Budget Description 2006 2007 2008 2009 2010 Operation and Maintenance Administrative Costs $ 413,353 $ 459,583 $ 453,860 $ 612,858 $ 510,190 Water Treatment Production Cost $ 980,491 $ 999,783 $1,083,129 $1,131,710 $1,177,500 Distribution System Costs $ 468,313 $ 692,116 $ 772,257 $1,053,287 $1,008,256 Total Operating Expenses $1,862,157 $2,151,482 $2,309,246 $2,797,855 $2,695,946 Debt Service (P+I) from Revenue Bonds $ - $ - $ 205,867 $ 307,528 $ 361,099 Total Debt Services $ - $ - $ 205,867 $ 307,528 $ 361,099 Transfers $ 506,965 $ 538,882 $ 533,656 $ 584,000 $ 610,652 Total Transfers $ 506,965 $ 538,882 $ 533,656 $ 584,000 $ 610,652 Reilly $ 461,787 $ 472,565 $ 455,372 $ 510,166 $ 510,166 Total Reilly $ 461,787 $ 472,565 $ 455,372 $ 510,166 $ 510,166 Capital Expenses (CIP) $ 925,060 $1,289,893 $1,421,419 $1,159,051 $1,255,000 Total Capital Expenses $ 925,060 $1,289,893 $1,421,419 $1,159,051 $1,255,000 Total Expenses $3,755,969 $4,452,822 $4,925,560 $5,358,600 $5,432,863 Special Study Session Meeting of November 15, 2010 (Item No. 2) Page 6 Subject: Utility Rates - 2011 B St. Louis Park Water Utility Rate History 3/4" Meter WATER Quarterly $ per Year Fixed Chg 100 cubic feet Tier 1 Tier 2 Tier 3 2010 $7.71 $1.29 $1.62 $2.43 2009 $7.21 $1.21 $1.51 $2.27 2008 $6.80 $1.140 2007 $6.80 $1.040 2006 $6.80 $0.900 2005 $6.80 $0.717 2004 $6.80 $0.717 2003 $6.80 $0.696 2002 $6.80 $0.696 2001 $6.80 $0.696 2000 $6.67 $0.682 1999 $6.54 $0.669 1998 $6.41 $0.656 1997 $6.28 $0.643 1996 $6.10 $0.624 1995 $5.92 $0.606 1994 $5.92 $0.606 1993 $5.69 $0.583 1992 $5.58 $0.57 $0.55 $0.53 1991 $5.47 $0.56 $0.52 $0.48 1990 $5.26 $0.54 $0.50 $0.46 CPCE OptionCash Balance with Projected RatesActual Budget2009 2010 2011 2012 2013 2014201520162017 2018 20192020Projected Rates Based on Proposed Rate Stucture *Fixed Charge Per Quarter (5/8" or 3/4" Meter Size)5.94$ 7.71$ 32.10$ 32.53$ 32.96$ 33.40$ 33.84$ 34.29$ 34.75$ 35.21$ 35.68$ 36.15$ Residential (per unit)Block 1 - (0 - 40 Units)1.21$ 1.29$ 1.23$ 1.24$ 1.26$ 1.28$ 1.29$ 1.31$ 1.33$ 1.35$ 1.36$ 1.38$ Block 2 - (41-80 Units)1.51$ 1.62$ 1.53$ 1.55$ 1.57$ 1.60$ 1.62$ 1.64$ 1.66$ 1.68$ 1.70$ 1.73$ Block 3 - (81+ Units)2.27$ 2.43$ 2.30$ 2.33$ 2.36$ 2.39$ 2.43$ 2.46$ 2.49$ 2.52$ 2.56$ 2.59$ Commercial/Industrial/Institutional (per Unit)1.21$ 1.29$ 1.01$ 1.02$ 1.03$ 1.05$ 1.06$ 1.07$ 1.09$ 1.10$ 1.12$ 1.13$ Irrigation (per Unit)1.21$ 1.82$ 1.30$ 1.32$ 1.34$ 1.36$ 1.37$ 1.39$ 1.41$ 1.43$ 1.45$ 1.47$ MN Dept of Health Qtrly Fee (pass thru) -$ -$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ Bond Proceeds-$ Total Water-$ 1,255,000$ 1,000,000$ -$ 1,500,000$ -$ -$ 6,000,000$ -$ -$ -$ -$ Total Reilly-$ -$ -$ 2,190,000$ -$ -$ -$ -$ -$ -$ -$ -$ Total Cash Inflows4,891,138$ 4,935,742$ 6,860,287$ 8,132,092$ 7,523,496$ 6,112,261$ 6,193,430$ 12,296,720$ 6,402,676$ 6,511,787$ 6,620,470$ 6,733,163$ Capital Expenses (CIP)1,159,051$ 1,255,000$ 278,000$ 2,807,100$ 1,370,000$ 275,100$ 400,000$ 6,550,000$ 150,000$ 240,000$ 150,000$ 150,000$ Total Cash Outflows5,358,600$ 5,432,863$ 4,934,645$ 7,734,150$ 6,690,815$ 5,852,768$ 6,087,005$ 12,358,087$ 6,638,746$ 6,854,155$ 6,891,986$ 6,544,672$ Net Increase (or Decrease)(467,462)$ (497,121)$ 1,925,642$ 397,943$ 832,681$ 259,494$ 106,425$ (61,367)$ (236,070)$ (342,368)$ (271,517)$ 188,491$ Cash BalanceCash Balance Jan 1350$ (496,771)$ 1,428,871$ 1,826,813$ 2,659,495$ 2,918,988$ 3,025,414$ 2,964,046$ 2,727,976$ 2,385,608$ 2,114,092$ Cash Balance Dec 31 ****350$ (496,771)$ 1,428,871$ 1,826,813$ 2,659,495$ 2,918,988$ 3,025,414$ 2,964,046$ 2,727,976$ 2,385,608$ 2,114,092$ 2,302,582$ NOTES:Targeted Cash Balance is $2,290,635 (35 % of 2020 Total Expenses)Fixed Fee per Quarter increases by 1.33% annuallyUsage Fees increase at a rate of 1.33% annuallyDescriptionProjectedSpecial Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 7 DCurrent StructureCash Balance with Projected RatesActual Budget2009 2010 201120122013 2014 2015 2016 2017 201820192020Projected Rates Based on Proposed Rate Stucture *Fixed Charge Per Quarter (5/8" or 3/4" Meter Size)5.94$ 7.71$ 8.37$ 8.82$ 9.30$ 9.81$ 10.34$ 10.90$ 11.49$ 12.11$ 12.77$ 13.46$ Residential (per unit)Block 1 - (0 - 40 Units)1.21$ 1.29$ 1.40$ 1.48$ 1.56$ 1.64$ 1.73$ 1.83$ 1.93$ 2.03$ 2.14$ 2.26$ Block 2 - (41-80 Units)1.51$ 1.62$ 1.76$ 1.86$ 1.96$ 2.06$ 2.18$ 2.29$ 2.42$ 2.55$ 2.69$ 2.83$ Block 3 - (81+ Units)2.27$ 2.43$ 2.64$ 2.78$ 2.93$ 3.09$ 3.26$ 3.44$ 3.62$ 3.82$ 4.03$ 4.25$ Commercial/Industrial/Institutional (per Unit)1.21$ 1.29$ 1.40$ 1.48$ 1.56$ 1.64$ 1.73$ 1.83$ 1.93$ 2.03$ 2.14$ 2.26$ Irrigation (per Unit)1.21$ 1.82$ 2.64$ 2.78$ 2.93$ 3.09$ 3.26$ 3.44$ 3.62$ 3.82$ 4.03$ 4.25$ MN Dept of Health Qtrly Fee (pass thru) -$ -$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ Bond Proceeds-$ Total Water-$ 1,255,000$ 2,000,000$ -$ 2,000,000$ -$ -$ 6,000,000$ -$ -$ -$ -$ Total Reilly-$ -$ -$ 2,190,000$ -$ -$ -$ -$ -$ -$ -$ -$ Total Cash Inflows4,891,138$ 4,935,742$ 7,005,759$ 7,461,819$ 7,550,530$ 5,850,404$ 6,157,273$ 12,501,686$ 6,865,067$ 7,248,832$ 7,650,375$ 8,102,989$ Capital Expenses (CIP)1,159,051$ 1,255,000$ 278,000$ 2,807,100$ 1,370,000$ 275,100$ 400,000$ 6,550,000$ 150,000$ 240,000$ 150,000$ 150,000$ Total Cash Outflows5,358,600$ 5,432,863$ 4,934,645$ 7,830,591$ 6,997,256$ 6,206,936$ 6,441,173$ 12,712,255$ 6,992,914$ 7,208,323$ 7,246,154$ 6,898,840$ Net Increase (or Decrease)(467,462)$ (497,121)$ 2,071,114$ (368,772)$ 553,274$ (356,532)$ (283,900)$ (210,569)$ (127,846)$ 40,510$ 404,221$ 1,204,149$ Cash BalanceCash Balance Jan 1350$ (496,771)$ 1,574,343$ 1,205,570$ 1,758,844$ 1,402,313$ 1,118,413$ 907,844$ 779,998$ 820,507$ 1,224,728$ Cash Balance Dec 31 ****350$ (496,771)$ 1,574,343$ 1,205,570$ 1,758,844$ 1,402,313$ 1,118,413$ 907,844$ 779,998$ 820,507$ 1,224,728$ 2,428,877$ NOTES:Targeted Cash Balance is $2,414,594 (35 % of 2020 Total Expenses)Fixed Fee per Quarter increases by 5.42% annuallyUsage Fees increase at a rate of 5.42% annuallyDescriptionProjectedSpecial Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 8 EPhased in OptionCash Balance with Projected RatesActual Budget2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020Projected Rates Based on Current Rate Stucture *Fixed Charge Per Quarter (5/8" or 3/4" Meter Size) 5.94$ 7.71$ 10.15$ 12.59$ 15.03$ 17.47$ 19.91$ 22.35$ 24.79$ 27.23$ 29.67$ 32.11$ Residential (per unit)Block 1 - (0 - 40 Units)1.21$ 1.29$ 1.33$ 1.38$ 1.42$ 1.47$ 1.52$ 1.57$ 1.62$ 1.67$ 1.73$ 1.78$ Block 2 - (41-80 Units)1.51$ 1.62$ 1.67$ 1.73$ 1.79$ 1.84$ 1.91$ 1.97$ 2.03$ 2.10$ 2.17$ 2.24$ Block 3 - (81+ Units)2.27$ 2.43$ 2.51$ 2.59$ 2.68$ 2.77$ 2.86$ 2.95$ 3.05$ 3.15$ 3.25$ 3.36$ Commercial/Industrial/Institutional (per Unit)1.21$ 1.29$ 1.33$ 1.38$ 1.42$ 1.47$ 1.52$ 1.57$ 1.62$ 1.67$ 1.73$ 1.78$ Irrigation (per Unit)1.21$ 1.82$ 2.51$ 2.59$ 2.68$ 2.77$ 2.86$ 2.95$ 3.05$ 3.15$ 3.25$ 3.36$ MN Dept of Health Qtrly Fee (pass thru) -$ -$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ 1.59$ Bond ProceedsWater1,255,000$ 2,000,000$ 2,000,000$ 6,000,000$ Reilly2,190,000$ Total Cash Inflows4,891,138$ 4,935,742$ 6,929,203$ 7,433,911$ 7,561,542$ 5,889,988$ 6,214,425$ 12,564,708$ 6,921,526$ 7,285,517$ 7,653,250$ 7,999,969$ Capital Expenses (CIP)1,159,051$ 1,255,000$ 278,000$ 2,807,100$ 1,370,000$ 275,100$ 400,000$ 6,550,000$ 150,000$ 240,000$ 150,000$ 150,000$ Total Cash Outflows5,358,600$ 5,432,863$ 4,934,645$ 7,830,591$ 6,997,256$ 6,206,936$ 6,441,173$ 12,712,255$ 6,992,914$ 7,208,323$ 7,246,154$ 6,898,840$ Net Increase (or Decrease) in Cash(467,462)$ (497,121)$ 1,994,558$ (396,680)$ 564,286$ (316,948)$ (226,749)$ (147,548)$ (71,388)$ 77,194$ 407,096$ 1,101,129$ Cash BalanceCash Balance Jan 1350$ (496,771)$ 1,497,786$ 1,101,107$ 1,665,393$ 1,348,445$ 1,121,697$ 974,149$ 902,761$ 979,955$ 1,387,051$ Cash Balance Dec 31 ***350$ (496,771)$ 1,497,786$ 1,101,107$ 1,665,393$ 1,348,445$ 1,121,697$ 974,149$ 902,761$ 979,955$ 1,387,051$ 2,488,179$ NOTES:Targeted Cash Balance is $2,414,594 (35 % of 2020 Total Expenses)Fixed Fee per Quarter increases by $2.44 per yearUsage Fees increase at a rate of 3.3% annuallyDescriptionProjectedSpecial Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 9 F City of St. Louis Park Water Utility Water Rate Study Typical Quarterly Billing Comparison With Existing and Proposed Rates Existing (2010) Proposed (2011) Residential Average use of 40 Units per Quarter (3/4 Inch Meter Size) Existing Rates (2010) Rates Per Unit 1.29$ Fixed Charges Per Quarter 7.71$ Commodity Charges Per Quarter 51.60$ Total Per Quarter 59.31$ Proposed Rates (2011) Commodity Rates Per Unit (Block 1)1.33$ Fixed Charges Per Quarter 11.74$ Commodity Charges Per Quarter 53.20$ Total Per Quarter 64.94$ Dollar Increase (Decrease) Per Quarter 5.63$ Commercial/Industrial Large User Existing Rates (2010) Rates Per Unit 1.29$ Fixed Charges Per Quarter (Assume 2 Inch Meter Size)29.55$ Proposed Rates (2011) Rates Per Unit 1.33$ Fixed Charges Per Quarter (Assume 2 Inch Meter Size)31.03$ Customer A - Average Use 56,347 Units Per Quarter Charges Per Quarter with Existing Rate 72,717$ Charges Per Quarter with Proposed Rates 74,973$ Dollar Increase (Decrease) Per Quarter Customer A 2,255$ Customer B - Average Use 15,867 Units Per Quarter Charges Per Quarter with Existing Rate 20,498$ Charges Per Quarter with Proposed Rates 21,134$ Dollar Increase (Decrease) Per Quarter Customer B 636$ Customer C - Average Use 8,187 Units Per Quarter Charges Per Quarter with Existing Rate 10,591$ Charges Per Quarter with Proposed Rates 10,920$ Dollar Increase (Decrease) Per Quarter Customer C 329$ Customer D - Average Use 4,534 Units Per Quarter Charges Per Quarter with Existing Rate 5,878$ Charges Per Quarter with Proposed Rates 6,061$ Dollar Increase (Decrease) Per Quarter Customer D 183$ Description Billing Charges Progressive Consulting Engineers, Inc PCE Project No. 10014 11/09/2010 Water Rate Study City of St. Louis Park, MN Utility Rates- Phased In Option.xls Special Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 10 G Usage Charge Residential Units 2010 Proposed 2011 Dollar Change Tier 1 0 - 40 1.29$ 1.33$ 0.04$ Tier 2 41 - 80 1.62$ 1.67$ 0.05$ Tier 3 81 - above 2.43$ 2.51$ 0.08$ Commercial All 1.29$ 1.33$ 0.04$ Irrigation All 1.82$ 2.51$ 0.69$ Fixed Charge Meter Size 2010 Proposed 2011 Dollar Change 5/8"6.36$ 10.15$ 3.79$ 3/4"7.71$ 10.15$ 2.44$ 1.0"11.30$ 14.21$ 2.91$ 1.5"19.08$ 18.27$ (0.81)$ 2.0"29.53$ 29.44$ (0.10)$ 3.0"55.61$ 111.65$ 56.04$ 4.0"90.03$ 142.10$ 52.07$ 6.0"176.43$ 213.15$ 36.72$ 2.0" Compound 29.53$ 29.44$ (0.10)$ 3.0" Compound 55.61$ 111.65$ 56.04$ Meter Size 2010 Proposed 2011 Dollar Change 5/8"1.36$ 2.12$ 0.76$ 3/4"1.53$ 2.57$ 1.04$ 1.0"1.98$ 3.77$ 1.79$ 1.5"2.91$ 6.36$ 3.45$ 2.0"4.23$ 9.84$ 5.62$ 3.0"7.43$ 18.54$ 11.10$ 4.0"12.53$ 30.01$ 17.48$ 6.0"24.22$ 58.81$ 34.59$ Water Rates (1 unit equals 750 gallons) Water Rates shown are from the Phase In Option Residential (Quarterly) Commercial (Monthly) Special Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 11 H Residential 2010 Proposed 2011 Dollar Change Base Charge 11.40$ 12.54$ 1.14$ Quarterly Usage 2.21$ 2.43$ 0.22$ Quarterly Apartments 2010 Proposed 2011 Dollar Change Base Charge 11.40$ 12.54$ 1.14$ Quarterly Usage 2.21$ 2.43$ 0.22$ Quarterly Commercial 2010 Proposed 2011 Dollar Change Base Charge 11.40$ 12.54$ 1.14$ Quarterly Usage 2.21$ 2.43$ 0.22$ Quarterly Base Charge 3.80$ 4.18$ 0.38$ Monthly Usage 2.21$ 2.43$ 0.22$ Monthly Residential 2010 Proposed 2011 Dollar Change Quarterly 14.50$ 15.00$ 0.50$ Commercial 2010 Proposed 2011 Dollar Change Monthly 24.15$ 24.87$ 0.72$ Quarterly 72.50$ 74.68$ 2.18$ Residential 2010 Proposed 2011 Dollar Change 30-gallon 45.31$ 47.13$ 1.81$ Quarterly 60-gallon 57.63$ 59.94$ 2.31$ Quarterly 90-gallon 69.94$ 72.74$ 2.80$ Quarterly 120-gallon 82.27$ 85.56$ 3.29$ Quarterly 150-gallon 94.59$ 98.37$ 3.78$ Quarterly 180-gallon 106.90$ 111.18$ 4.28$ Quarterly 210-gallon 119.23$ 123.99$ 4.77$ Quarterly 240-gallon 131.53$ 136.80$ 5.26$ Quarterly 270-gallon 143.86$ 149.61$ 5.75$ Quarterly 360-gallon 180.82$ 188.05$ 7.23$ Quarterly 450-gallon 217.77$ 226.48$ 8.71$ Quarterly 540-gallon 254.72$ 264.90$ 10.19$ Quarterly Solid Waste Rates (including tax) Sewer Rates Storm Drainage Rates Special Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 12 I Estimated Quarterly Utility Bill Family size 4 Units per quarter 30 Solid Waste 60-gallon Meter size 3/4 inch Proposed Service Actual Phased in Option Water 2010 2011 Service charge 7.71$ 10.15$ State testing fee -$ 1.59$ Per unit rate - Tier 1 1.29$ 1.33$ Consumption 38.70$ 39.90$ Sewer Service charge 11.40$ 12.54$ Consumption 66.30$ 72.90$ Storm Drainage 14.50$ 15.00$ Garbage (includes tax)57.63$ 59.94$ Total bill (Quarterly)196.24$ 212.02$ Increase (dollars)15.78$ Increase (percent)8.04% Special Study Session Meeting of November 15, 2010 (Item No. 2) Subject: Utility Rates - 2011 Page 13